The police statement that they are not going to search shopping trolleys for non-essential items is reassuring. However, they might like to take advice from the CPS before they consider such a move.
The legislation sets out the types of stores which may open. But it does not provide any restrictions on what those stores may sell. So you see Tesco's and others selling bread, milk and rice alongside dresses, televisions and socks.
As far as the public’s movements go, the legislation says this:
"Restrictions on movement
6. (1) During the emergency period, no person may leave the place where they are living without reasonable excuse.
(2) For the purposes of paragraph (1), a reasonable excuse includes the need—
(a)to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household) or for vulnerable persons and supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person, or to obtain money, including from any business listed in Part 3 of Schedule 2;
[+12 more]
First of all It should be noted that the list of “reasonable excuses” is not exhaustive. It provides examples of activities that are permitted but something being absent from the list does not mean it is not “reasonable”. If it was disputed it would be for a court to decide. But more important than that, the legislation specifically allows trips for essential supplies. It does not say you cannot buy non-essential supplies alongside the essential. So, if you leave your house to buy a loaf and a pint of milk your departure from the house and your trip to the shop amounts to a “reasonable excuse”. There is nothing to say that whilst undertaking that essential trip you cannot buy a pair of socks from the same store. The police threatening to impose a fixed penalty for buying “non-essential” goods in such circumstances should take advice before doing so and the alleged miscreant should also do so before paying it.
Interestingly, the police are not the only ones seeking to read into the legislation what is not there. The popinjay who masquerades as the Mayor of London has authorised this which travellers see when they visit the TfL website:
“Travel on public transport is only for critical workers making absolutely essential journeys,”
I don’t know on what authority he has taken such a view. I also don’t know how he expects those without a car make their essential trips for which they have a “reasonable excuse”. Perhaps he thinks that everywhere in the TfL area is within walking distance of a food shop, a pharmacy or a doctor’s surgery. Just to reinforce his message, at each bus stop across the capital is plastered a notice which says:
“You are only allowed to leave home if you are a critical worker and you cannot work at home.”
As a well known and much loved/hated Daily Mail columnist often says: “if you give somebody unsuitable a sniff of power, they will always, always abuse it.”