A minor change to the wording of some of the UK's COVID-19 lockdown laws has "meaningfully" expanded police powers, according to criminal law experts, making it easier for authorities to issue fines to people who are outside their home during the emergency period. 

However, the simple four-word change, intended to clarify legislation in England, has raised further concerns over the confusion about what people can and can't do during lockdown.

Although the number of fines issued in the UK is far below that of other European countries, it could even call into question the validity of those handed out to people alleged to have flouted the lockdown measures.

Read more: UK PM Boris Johnson says it's too early to relax lockdown

Fines in Europe

Before 23 April, people in England risked a £60 ($74) fixed-penalty notice – and up to £960 for repeat offenders – if they left their home without a legitimate reason under the initial lockdown legislation in England. Fines could be knocked down to £30 if paid promptly.

Police issued more than 3,200 of these fixed-penalty notices in England and Wales between the end of March and mid-April under England's Health Protection (Coronavirus, Restrictions) Regulations 2020.

In comparison with other European countries, the figure is relatively low: last week, France's interior minister, Christophe Castaner, announced police had issued 915,000 fines, initially for €38 ($41), but they have since been raised to €135.

In Spain between 15 March and 14 April, more than half a million penalties were handed out, ranging from light fines of €100 to heavier penalties of €30,000 for serious breaches of the law.

Further east, Romania issued more than 200,000 fines between the end of March and 19 April, netting more than €78 million for the state coffers, while in Poland, which recently issued 1,004 penalties in the space of 24 hours, fines are comparatively high: between 5,000 and 30,000 Polish zloty ($11,195 - $7,170).

However, England could be looking at a boost in numbers over the next few weeks following a four-word update to its lockdown legislation.  

Read more: Safest way to end lockdown? Let the young go back to work, says scientist

Four words change the law

Last Wednesday, an amendment to England's regulations came into force: "During the emergency period, no person may leave or be outside of the place where they are living without reasonable excuse…"

This means there is a new offence: being outside your home without a good reason, even if you had one when you left your house.

According to Thomas Sherrington, a barrister in Manchester who specializes in crime and regulatory work, the change could be interpreted as giving police "an additional piece of wording, which gives them an extra excuse to stop and ask people why they're outside of their house."

He says the extent of the powers will only be fully understood as they are played out.

But for Rachel Jones, a barrister from London's Blackstone Chambers, the amendment "meaningfully expands policing powers at a time when confusion about the extent of those powers has already led to increasingly coercive action."

Read more: UK retail readies for coronavirus lockdown easing with new guidance

Government guidelines vs the law

The difference between the law and government guidelines has also become a source of confusion. For example, the British government guidelines put a limit on the number of times people can exercise outside where the law does not.

Because of the discrepancies, "we get mixed messages of what we are and aren't allowed to do," says Sherrington. 

This has been compounded by reports of misuse of police powers after law enforcement leaders admitted in early April that they had been forced to drop penalties for scores of falsely accused adults, as well as 39 minors after it became clear that under-18s could not legally be issued fines. 

"It's quite terrifying actually what obscure and perhaps vague legislations that give police additional powers can actually bring about," says Sherrington. 

As the UK moves ever closer to partially lifting the lockdown, clarity over what people are and aren't allowed to do will become more and more important in terms of legislation, government guidelines and police enforcement.

But judging by the new legislation, there's still a long way to go. 

CGTN Europe has been providing in-depth coverage of the novel coronavirus story as it has unfolded. Here you can read the essential information about the crisis.

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