In reply to Neil Williams:
> Yes. You will then, if you look further down, find a list of things that are reasonable excuses, one of which is taking exercise.
> Where does it state specifically that driving for that exercise is not permitted, please? Things are only illegal if the law says they are. Anything not defined as illegal is by definition legal.
That's not strictly true.
In the case of knife legislation there's a definition of a penknife as having a non-locking blade with a length of less that 3.5 inches (or something like that, I haven't looked it up). You can carry that without 'reasonable excuse'. If the blade locks the knife isn't 'illegal', you just need a 'reasonable' justification, (it's tool used for work etc). Likewise carrying a penknife may not need a 'reasonable excuse' but carrying one into a nightclub isn't going to go down well if you get arrested for fighting. There are some things like flick knives etc where possession is strictly illegal, but there will always be ambiguous situations which may end up in court.
No existing law is so comprehensive that it covers all possible situations, which is why 'guidance' is issued to interpret the law. In some circumstances this might be issued as an Approved Code of Practice (ACOP). An ACOP is only GUIDANCE, it is not the LAW - you don't need to follow it, but by following it to the letter you have an (almost) cast iron defence that you have adhered to the law.
However there will be some circumstances where, due to the nature of a particular job that has to be done it's either impossible to comply with the ACOP, or to do so might actually make the job more hazardous due to something that wasn't considered when the ACOP was approved. In that case you should be preparing a justification as to why you're not following the guidance, what other steps you've taken to mitigate the hazards, and why, so far as is 'reasonably practicable', you have mitigated the hazards to the extent that you are still complying with the law
Covid legislation is no different. There is a Law which you must adhere to, and there is guidance, which you should (not must) follow. If you follow the guidance (e.g. if you don't leave your village) then you have a pretty much absolute defence that you are complying with the Law.
You don't have to follow it, you might have a really good justification, (where you live isn't safe to exercise, the nearest park 5 miles away is a honey pot rammed with people, you've gone where you know it will be quiet), and that might well be accepted in the unlikely event you are 'engaged' by the police. You just need to be aware that the further you stray from the guidance, the more difficult it becomes to prove you are not breaking the law.
For what its worth I think the police would be better off dealing with house parties, huge groups in public or wandering round the shops without masks and not distancing etc. However I doubt Constable Notvery-Savage has made his way to a public carpark without being told to go there. If he's been told to go there then there has been considerable pressure put on the force by locals who are concerned by what is happening. I'm sure they'd be happier dealing with 'proper criminals’.
Ultimately we're all adults, and with the current situation with thousands dead and the NHS on the point of collapse I think we'd be better off not trying to find the absolute limits we can push things to, especially as its a temporary situation.
I'll be following the guidance as far as possible, and if I think I need to go beyond it to exercise I will, but I won't be getting outraged if I get challenged about it given the situation. If I think the police are wrong, or being overly zealous, or just being confrontational I'll be challenging the FPN. Thats how the law has alway worked.
Post edited at 16:38