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Freedom of information request reference no: 01.FOI.22.024829
I note you seek access to the following information:
Please can you disclose, preferably by PDF, the Covid cases that have been left no further action where the police felt it was arguable that an offence had been committed but that the legislation (that in force at the time) wasn't really intended to cover the situation arising.
I have today decided to disclose the located information to you in full.
Please find below information pursuant to your request above.
The Covid cases that could be left with no further action being taken fall within the following categories:
- The investigation relates to a homeless person and they are not covered by the legislation (Reg. 6(4))
- The activity carried out by the person in this case is deemed to meet the threshold of being a 'reasonable excuse'.
- The 4 E's approach has not been followed in circumstances where it would have allowed, thus enforcement was unnecessary.
- The Health Protection (Coronavirus, restrictions) (England) Regulations 2020 offence has been charged alongside a substantive offence and dual charging is inappropriate.
- The FPN was issued to the householder when legislation was not applicable.
- It is not in the public interest to prosecute.
- The evidential threshold is not met.