Advice for friend issued FPN for no mask in shop

Police created joinder with her under duress, threats and she was assaulted by being manhandled out of the shop with her two young children.

Video in tweet.

https://twitter.com/mymatepeach/status/1346147252948103169?s=20

She's been issued with a FPN for £200. Does anyone have experience in the best way of dealing with these clueless thugs and the alleged fine, bearing in mind there is still nothing the *guidelines* that stipulates proof of disability/exemption? Private criminal prosecution?

Firstly I can't believe the cops are out enforcing masks without having the law at their fingertips.  And the shop employee has some strange idea as well which I didn't really catch - something about having three months to get something?

Anyway we have to deal with the situation as it unfolded.  Do you know exactly what the FPN was issued for, was it for not wearing a mask, for (allegedly) obstructing the Police or for (allegedly) not following their direction?  

Government guidance is that people should not be intrusively quizzed about their reason for exemption, but that guidance isn't directly written into law, the law just says you're exempt if you are unable to wear a mask due to a disability (as defined in the Equality Act) or if it would cause serious distress.

Regarding the FPN it's an offer to avoid prosecution by paying the FPN.  If you (she) doesn't pay then there's no power for anyone to chase for payment, they would have to take her to court for the original allegation which of course she could then defend.  Does the FPN detail any appeal process or give any contact details?  If so then the first step might be to write to them saying this was issued in error as the Police did not realise she is exempt for medical reasons and she was not allowed to explain at the time.  If that doesn't get anywhere then one option is to simply non pay the FPN and be prepared to defend if they decide to prosecute.

Theoretically the issue of the FPN could be challenged by Judicial Review but that's not really practical for an individual.

For reference this is the actual SI regarding masks ..
The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020

If your friend believes she was discriminated against then her recourse would be a civil (County Court) action. Ideally structure the claim around the Equality Act
Equality Act 2010

Finally there's a lot of misinformation about this matter on Facebook, so please ask her to check as she goes.  To take a trivial example it seems in the video that she thought she wasn't required to give her name and address.

I would imagine the boevat stuff could be used as well?

https://boevat.org.uk/

(1848)

This may be of interest, If they forced her to provide details ,that surely
ammounts to coersion.

https://greenandblackcross.org/guides/what-happens-if-im-arrested/1-should-i-give-the-police-my-details/

I asked her and she said: FPN for £200 would be sent in the post. They specifically said the fine would be for not wearing a mask and the reason they wouldn’t be arresting me was because I gave my address in the end. Which I now believe I shouldn’t have done

Take a look at this site mitch, https://www.laworfiction.com/2020/06/disability-discrimination-some-common-decency-please/

Latest from that site https://www.laworfiction.com/2020/09/face-covering-some-pretend-law/

mitch wrote:... the reason they wouldn’t be arresting me was because I gave my address in the end.

Generally they claim the right to ask for your details if an offence is "suspected" (a low threshold) and the power of arrest if details can't be determined otherwise.  So unless your friend was really up for a fight on the spot she probably did the correct thing.  This doesn't stop her challenging the FPN, and/or defending if they prosecute.

If...you do not claim YOUR RIGHTS as a living being, you only possess
Benefits...paying [so called] fines, and going to prison.

A LIVING WOMB/MAN, is in a different jurisdiction, than a [b]PERSON

the livinghave a duty...to  ask quetionsNOT...answer questions

IN other words...you make a contract that is beneficial...to you.  
ps.
sorry for preaching to the choir.

Re; possible court.
When asked for how do you plead.?
I would say...NO CASE TO ANSWER[/b]
pitano1

Also look at the Nuremburg Code articles 6.1 & 6.3
Also if before 1st Jan ECHR

daveiron wrote:Also look at the Nuremburg Code articles 6.1 & 6.3
Also if before 1st Jan ECHR

Leaving the EU doesn't necessarily mean ECHR is no longer relevant, whether standing for "European Convention on Human Rights" or "European Court of Human Right" as both relate to the Council of Europe which is not the same as the EU.  However my reading is that possibly after the EU the UK may be free to leave the CoE or to change UK law to distance ourselves from ECHR.  However until either of those actually happen then ECHR remains relevant.

This sets out the current position .. https://www.supremecourt.uk/about/the-supreme-court-and-europe.html

Dont forget the coercion with the fear of violence.

She was manhandled unlawfully so the threat of further violence is a real threat as violence had already happened.

Reply from the shop management to her request for footage of the whole incident showing her being assaulted and shoved out the shop.

What would be the best way to respond? Are they right in what they're saying about only being obliged to release the footage if she has a police complaint ref?

They are obliged by data protection to release the footage unless there are other people on it and they cant hide their faces, in which case you can go and be shown the footage.
the bit about police number seems dodgy because data protection laws have nothing to do with crime numbers or the police. Its the data protection law which they have to follow.
https://www.gov.uk/request-cctv-footage-of-yourself
maybe you dont need ALL the footage they hold so i would go and see it for yourself and then you can request any useful bits which may then be easy enough to be edited.
then if they dont comply make a complaint in writing and then follow it up asap.
https://ico.org.uk/your-data-matters/crime/

Ok, Still inform them she requires that copy of her data,it should not matter
too much if they redact everyone else as she has them filmed anyway.
What part in this did the shop employees play ?
By still requiring the footage B&M will see she is serious about moving forward
with a claim either against them and or the police.
If she makes it known to them she will be claiming they may well be prepaired
to settle.

ps : but wouldnt they be masked any way , so surely the face covering is done? LOL.

As with all this BS from them, an nice Commercial Lien is the order of the day - Terrorism, fraud by misrepresentation an Malfeasance as a kick off, many counts, all with an nice fee attached, do the shop an cop's all the way up an separate Liens,

Is it best to request the cctv footage of the assault first or lodge complaint against police first?

i would go footage first, just so i know how well it supports the complaint, there may be things you werent aware of in first person mode.