Piers Corbyn may be a crank but his treatment should worry us all

A “whiteout” is meteorological condition in which snow falling from the sky and snow whipped up from the ground is whirled by a gale into a disorientating blanket of whiteness in which there are no visual bearings and it is all but impossible to navigate. It is an apt metaphor for the blizzard of coronavirus regulations which have cascaded out of Whitehall (and of course Cardiff and Holyrood too) since March. A search of the www.legislation.gov.uk website reveals a mind-boggling 133 (albeit each Welsh regulation is counted twice in English and Welsh versions) separate pieces of UK legislation, nearly all of them statutory instruments. Thus we have such delights as the Health Protection (Coronavirus, International Travel) (Amendment No. 7) Regulations, The Health Protection (Coronavirus, Restrictions) (Leicester) (Amendment) (No. 2) Regulations 2020, The Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 and so on. And on and on. It is enormously difficult to find ones bearings amidst all these constantly changing rules and regulations. As David Allen Green put it on August 14th:

There is not a lawyer or police officer in the land who any longer knows what is legal and not legal under coronavirus regulations. An absolute mess of a legal regime.”

Since August 14th matters have only got worse.

Piers Corbyn

It is not often that I have much sympathy with Jeremy Corbyn’s weather-forecaster brother Piers (or to give him his own rather baffling description LongRange WorldLeading weather+climate forecaster BIEuUsa. SolarLunar Method NotCO2! AmericanThinker Climate Predictor2010. Bro #JC4PM), or with any of the anti-vaxx, Qanon, and 5G conspiracists who participated in a rally against masks and coronavirus restrictions in Trafalgar Square on Saturday 29th August. As well as Mr Corbyn, they included the antisemitic conspiracy theorist David Icke and a small group who deployed a flag remarkably similar if not identical to that of the British Union of Fascists. These are not easy people to like, although no doubt there were some more reasonable folk amongst them as well.

Corbyn: £10,000 Fixed Penalty

Nevertheless the £10,000 Fixed Penalty Notice issued to Piers Corbyn as someone “involved in” the demonstration is disturbing. Mr Corbyn’s “FPN” requires him – strictly speaking one could argue it “invites him” but it is an invitation backed by a threat – to pay £10,000 for breaching Regulation 5B of The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020, as amended. Continue reading “Piers Corbyn may be a crank but his treatment should worry us all”

Lessons for open justice from the Marie Dinou case

Marie Dinou, the woman from York convicted of a non-existent coronavirus offence after being found “loitering between platforms” at Newcastle railway station was lucky to be charged with something newsworthy. Had hers been a mundane motoring charge it is highly unlikely that anyone would have spotted that her treatment by the police and the justice system was stupid, incompetent and unlawful.

Thanks largely to the press (The Times’s Fariha Karim and The Independent’s Lizzie Dearden deserve special mention) and Doughty Street’s Kirsty Brimelow QC, who was amongst the first to denounce the prosecution as misconceived, her conviction is to be reversed by application of S.142 of the Magistrates Courts Act 1980. This useful piece of legislation allows a Magistrates Court to reverse a conviction “if it appears to be in the interests of justice to do so.”

British Transport Police now concede they made a mistake in arresting and charging Ms Dinou, but their attitude immediately after her conviction was very different. Keen to let the world know that they had achieved the first railway arrest under the new Coronavirus legislation, they had issued one of those self-congratulatory press releases that prosecutors are apt to release, albeit they are normally reserved for the convictions of murderers, serial rapists and elderly ladies who have too many cats. Appropriately enough it was dated April 1st. Continue reading “Lessons for open justice from the Marie Dinou case”