The UK’s first arrest and conviction under the Coronavirus Act was made over the last week.

However, rather than being a reinforcement of the correct and proper policing by consent that we expect in these circumstances, this particular conviction is highly troubling.

Why?

Because 41-year old Marie Dinou’s conviction is to be quashed after it was admitted that the case was incorrectly prosecuted.

Legal history is being made now

The case of Miss Dinou is one that will probably go down in legal history as being the fastest ever to go from being convicted to having those convictions overturned in a matter of days.

Not only is this the case, but the actions of British Transport Police and the Crown Prosecution Service in prosecuting Miss Dinou under the new Coronavirus laws have come under scrutiny from the press.

It’s thanks to the work of various lawyers, and indeed The Times newspaper, that this has come to the attention of the public and that matters have been redressed so quickly.

Ensuring that redress is achieved when the police and public authorities have acted wrongly is essential.

When the police gets it wrong

It is clear that Miss Dinou was not guilty of any offence.

There should never have been an arrest under the Coronavirus laws. The difficultly with the new laws is that they are exactly that – new. They have been drafted in a hurry and, as a result of that, things have gone wrong.

As far as we can tell, the way Miss Dinou was approached and treated by the British Transport Police is extremely troubling and the fact that they used the Coronavirus Act to arrest her, then to detain her and process her through the courts is of grave concern.

While the legislation has been perceived to be misleading, it is vital that we hold authorities to account.

Staying vigilant to our rights

What is really worrying is that the way in which the legal system is supposed to work seems too have been broken down completely in light of these new and strange circumstances

• Miss Dinou never entered a plea
• Miss Dinou never confirmed her name

Despite this, the Magistrates Court convicted her, in her absence, without her having entered a plea and without having a proper and fair trial.

Thankfully all of this has come to light as a result of the investigations and as a result of the way in which our system is open to public scrutiny.

Moving forward to resolutions

It is to be hoped that lessons will be learned very quickly and that the new guidance from the National Police Chief’s Council and the College of Policing will be disseminated rapidly and followed in every case.

There are concerns that people’s civil liberties are being infringed. However, we are living in difficult times and everybody has to accept that some of our liberties are being curtailed for the good of the public.

Saying that, we also need to hold the police to account and make sure that where they have overstepped the mark, wrongs are righted and that human rights are not infringed in a way that goes beyond what is proportionate and necessary.

If you have been in a situation where you have felt intimidated or mistreated by a public authority, contact us immediately.

Our nationally-leading team is passionate about fighting for your rights, your justice, your autonomy. Enquire through our website, call us on 0151 227 1429, or email us on enquiry@broudiejacksoncanter.co.uk

 We will fight tirelessly for you and your rights.