Lockdown Offences Under Coronavirus Regulations: A Reminder

In these extraordinary times, it may be worth a reminder of precisely how the UK government is able to criminalise ordinary conduct by the general population, such as leaving one's home, or 'gathering' with people, in response to the threats of a pandemic. By looking at these powers and how they have been used before in England, we may be better placed to predict how they may be used again, perhaps imminently.

What powers does the government have to impose lockdowns?

The enabling primary legislation is the Public Health (Control of Disease) Act 1984 ('the 1984 Act'), specifically a set of provisions added (after the 2002-2004 SARs outbreak) in 2008 (as Chapter 2A, Sections 45A to 45T¹). Among other things, these empower the appropriate minister to make 'health protection regulations'.