Policing The Pandemic: The Role Of Enforcement In Securing Compliance With The Coronavirus Regulations

Lead Research Organisation: University of Edinburgh
Department Name: Sch of Law

Abstract

Compliance with the Coronavirus Regulations has been one of the most hotly debated topics of the pandemic. UK Police Forces were given unprecedented new powers to enforce non-compliance with the Regulations, and yet there is a striking lack of robust evidence about how the powers were used and who was subject to them. There is very little known about the characteristics and circumstances of those failing to comply with the Regulations. We know little about the reasons for their non-compliant behaviour, the level of risk they posed to the public (in terms of the spread of the disease) or the impact of police enforcement on their lives.

This project will conduct an in-depth examination of the factors and vulnerabilities underlying people's inability or unwillingness to comply and their Covid-19 testing and mortality outcomes. It will also explore police use of enforcement to secure compliance and the impact of this on individuals. Using a mixed method approach, it will provide insights from a unique database of Fixed Penalty Notices that were issued in Scotland, which will be linked at an individual level to a rich array of health, economic and social data within Scotland's Covid-19 Data for Research. It will also offer insights from interviews with individual offenders and police officers involved in the use of enforcement.

The findings will be of significant interest and value to police officers, policy makers, and politicians across the UK in considering how best to encourage, enable, support or compel people to adhere to the Regulations as we encounter future waves of the current pandemic, and in any future public health (or other) emergency requiring some form of mass public compliance.
 
Title Infographics on policing the pandemic in Scotland 
Description We have created a series of infographics designed to illustrate how police use of enforcement during the pandemic changed in Scotland, and identify who was most likely to be subject to police attention. This highlights inequalities in the use of the Coronavirus Regulations across the population, with those living in more deprived areas, men and younger people being significantly more likely to receive Fixed Penalty Notices (FPNs). It also shows spatial and temporal variation in the issue of FPNs, as well as change over time. The infographics are intended for a broad audience and provide easy to read and understand facts about policing during the pandemic in Scotland. 
Type Of Art Artwork 
Year Produced 2022 
Impact No impacts as yet. 
URL https://www.law.ed.ac.uk/research/research-projects/policing-the-pandemic#:~:text=The%20Policing%20t...
 
Description POLICING THE PANDEMIC: KEY FINDINGS - MARCH 2023
The overarching aim of this project is to examine the role that police enforcement played in securing compliance with the Coronavirus Regulations during the pandemic. This mixed method project has four main components:
a) Analysis of the data on Fixed Penalty Notices issued by Police Scotland to understand patterns and trends in use of enforcement;
b) Linkage of enforcement data with health data to explore the extent to which non-compliance was influenced by underlying social inequalities and health vulnerabilities, and explore the level of risk posed by those who failed to comply with the Regulations;
c) Interviews with police officers to better understand policing practices and strategies when enforcing the Regulations and assess the effectiveness of enforcement as a mechanism for ensuring compliance;
d) Interviews with individuals who were issued with Fixed Penalty notices to understand motivations and reasons for non-compliance and what might have encouraged/enabled them to do so.
To date, the project has fully completed components a) and c), and partially completed b) and d). We have examined the nature and circumstances of all FPNs issued during 2020 and 2021, and explored the demographic and geographic profile of all FPN recipients. We have also undertaken 26 semi-structured interviews with Police Scotland officers who undertook frontline duties during the pandemic. Analysis of the linked data is currently underway; and a small number of interviews have been conducted with members of the public. Fieldwork will be completed by end June 2023. We were also funded by the National Police Chiefs' Council to conduct analysis of all FPNs issued during the pandemic in England and Wales.
Key findings from all components of the research conducted so far are summarised below.
POLICE OFFICERS FAVOURED ENGAGEMENT OVER ENFORCEMENT DURING THE PANDEMIC
In March 2020, the College of Policing issued guidance to police forces across the UK to use a '4Es' approach in relation to the use of new temporary policing powers under the Coronavirus Regulations, prioritising Engagement, Explanation and Encouragement, over Enforcement. Between March 2020 and May 2021, there were over 145,000 recorded encounters between police officers and members of the public in Scotland in relation to the Coronavirus Regulations. However, the vast majority of these encounters involved use of the first 3Es, with only around 12% involving use of enforcement (either issue of a Fixed Penalty Notice or, far less frequently, an arrest). This suggests that police officers were in favour of dealing with non-compliance by engagement rather than enforcement during the pandemic. (Gorton et al., 2022).
THE TEMPORAL PATTERN OF ENFORCEMENT MAPPED ONTO PERIODS OF GREATEST RESTRICTION, BUT NOT NECESSARILY DEATHS
Enforcement in Scotland was most prevalent during the two lockdown periods. Around 22% of all FPNs were issued during the first lockdown period (March to June 2020), and 60% were issued during the second lockdown and associated restrictions (January to May 2021). Increased use of enforcement typically mapped onto periods when there was the tightest restrictions and the greatest levels of public messaging around staying safe. Until vaccines were available, enforcement also mapped neatly on to the pattern of deaths; however, enforcement remained high even when the death rate plummeted after vaccination began. From March 2021 onwards, enforcement appears to have been mainly influenced by a reduction in compliance amongst wider sectors of the population and an accompanying growth in frustration by police officers (who were moving more swiftly to the fourth E) as the pandemic wore on. (Gorton et al., 2022; Murray et al, forthcoming).
REPEATED USE OF ENFORCEMENT WAS MOST COMMON AT THE START OF THE PANDEMIC WHEN BOTH POLICE OFFICERS AND THE PUBLIC WERE UNSURE OF THE RULES
Individuals in Scotland could be fined up to four times under the Coronavirus Regulations in Scotland, although the majority of people who were fined during the first lockdown (between March and May 2020) received only one. Just over one in ten FPN recipients received two or more tickets; however, this was especially common during the first three weeks of the pandemic. There was an average of 9.4 days between tickets being issued to the same individual; however, around a quarter of repeat tickets were issued within one day, and just over one in ten were issued on the same day. This suggests that a small core of individuals were subject to repeated enforcement for breaching the Regulations during the early weeks of the pandemic, a period when there was significant uncertainty about how to interpret the rules. Nevertheless, repeat breaches became less common as time went on and the length of time between such breaches increased. Lack of familiarity or understanding of the Regulations, as well as inability or unwillingness to conform due to personal circumstances or normative views, may have contributed to more frequent breaches during the initial stages of the pandemic. (McVie, 2021)
AGE DISPROPORTIONALITY AMONGST FINE RECIPIENTS INCREASED OVER TIME
Younger people, aged 30 or under, were disproportionately likely to be issued with an FPN for breaching the Coronavirus Regulations. This age disproportionality increased due to an increase in levels of non-compliant behaviour amongst younger people as schools and universities resumed in autumn 2020, and increasing political concern about young people spreading the virus. During the second lockdown, younger people continued to be most likely to be subject to enforcement for attending illegal gatherings and house parties, although this also increased amongst older people (in their 30s and 40s). (McVie and Matthews, 2021; Gorton et al., 2022).
LITTLE EVIDENCE OF ETHNIC DISPROPORTIONALITY IN USE OF ENFORCEMENT IN SCOTLAND
The vast majority of FPNs in Scotland were issued to those from white backgrounds, which is consistent with the population profile. Taking population size into account, the estimated rate of FPNs issued to people from BAME backgrounds was slightly higher than that for white people; however, the overall disparity rate between white and other ethnic groups was only 1.1, which was much lower than the equivalent rate of 1.8 found amongst police forces in England and Wales. (McVie and Matthews, 2021)
GRADUAL SHIFT IN ENFORCEMENT FROM THE 'USUAL SUSPECTS' TOWARDS THE 'UNUSUAL SUSPECTS'
Overall, three fifths of FPNs issued during 2020 were given to people who were already known on Police Scotland's criminal history system. This was highest during the first lockdown period (at around three quarters of all FPNs issued) and lowest during the period of tightened restrictions in November and December (at less than half of all FPNs). This suggests that many of those who were non-compliant with the Regulations may have been more likely to act in ways that were not law-abiding and may, therefore, have had normative attitudes against complying. However, the reduction over time in the proportion of FPN recipients with a prior criminal history is consistent with accounts from police officers about a gradual growth in non-compliance across wider sectors of the population, especially amongst younger people, who would not normally come to the attention of the police. (McVie and Matthews, 2021).
ENFORCEMENT WAS MOST COMMON AMONGST THOSE LIVING IN MORE DEPRIVED AREAS, BUT THIS CHANGED OVER TIME
People living in the most deprived areas of Scotland were more likely than those living elsewhere to be issued with an FPN. During the first lockdown, there was a disparity rate of 12.6 between the proportion of people living in the 10% most deprived areas who received an FPN and the proportion living in the 10% least deprived areas. However, this dramatically reduced during the pandemic, reaching a disparity rate of only 1.7 during the second lockdown in 2021. This large reduction in inequality by residential deprivation most likely reflects significant change in the characteristics of those who were subject to enforcement for non-compliance. This was confirmed through interviews with police officers who were frustrated about the increase in complaints about private gatherings amongst 'those who should have known better'. (McVie and Matthews, 2021; Gorton et al., 2022; Murray et al, forthcoming)
SPATIAL VARIATION IN USE OF ENFORCEMENT REFLECTED LOCAL CHALLENGES IN BOTH RURAL AND URBAN AREAS
There was significant spatial variation in the use of enforcement across Scottish police divisions. Enforcement tended to be more common in the West of Scotland and larger numbers of fines were issued in more urban divisions with higher population density; for example, Greater Glasgow (the most densely populated division) issued the largest number of fines (around three times larger than the next nearest division, Lanarkshire) and the highest rate per capita. However, Argyll & West Dunbartonshire (a predominantly rural division) issued the second highest rate of FPNs per capita. Higher rates of enforcement in more rural divisions were explained to some extent by a higher proportion of fines being issued to non-residents (i.e. people travelling across boundaries); however, this did not fully explain differences between divisions. When looking at change over time, our results illustrate a distinct urban/rural pattern to the data, with remote and rural divisions issuing by far the largest proportion of FPNs during the early months of the pandemic; whereas, urban and densely populated divisions issued by far the most FPNs during later phases of the pandemic. (McVie and Matthews, 2021; Gorton et al., 2022).
THE LOCUS AND TIMING OF ENFORCEMENT REFLECTED AN INCREASING SHIFT BACK TO DEALING WITH THE 'NIGHT TIME ECONOMY'
There was a noticeable change over the course of the pandemic in the place and time that FPNs were issued. During the first lockdown, the majority of FPNs (where locus was known) involved activities that occurred out of doors in public places and most fines were issued during daytime hours. Spikes in enforcement activity coincided mainly with holiday weekends, periods of good weather and announcements about the loosening of restrictions. This pattern of activity reflects the fact that policing was very much focused on ensuring that people stayed at home during the day. However, by late 2020, the vast majority of police encounters involved attending indoor gatherings and house parties, and most FPNs were issued during the late evening and early morning hours. Moreover, the temporal spikes tended to reflect normal weekly variation in policing activity. This change over time reflects an increasing shift in enforcement activity back towards a 'business as usual' pattern of policing that involves dealing with the 'night time economy'. (McVie and Matthews, 2021).
SIGNIFICANT CHALLENGES ASSOCIATED WITH FREQUENT AND UNSCRUTINSED LEGISLATIVE CHANGE
The use of FPNs in the UK is well-established, dating back at least to the Road Traffic and Road Improvements Act 1960 for motoring offences. Since then, the use of FPNs has extended to a range of minor offences such as littering, noise, truancy, and low-level anti-social behaviour, as well as motoring offences. In Scotland, most police FPNs are offered under the Anti-Social Behaviour (Scotland) Act 2004 for minor criminal offences such as vandalism, urinating in public, and being drunk and incapable in public. The main rationale cited is one of expediency: to relieve the police and the courts from the burden of prosecution, whilst providing a quick, proportionate and publicly credible alternative.
FPNs issued under the COVID regulations differed from existing penalties in several ways. Firstly, the Covid Regulations pertained to public health and the policing of everyday routines and activities, with attendant challenges for policing by consent. As noted below, the frequently changing and more subjective nature of the offences (for example, what constituted a 'reasonable excuse') exacerbated these challenges further. Second, the structure of Covid FPNs differed to existing penalties, most significantly, in relation to the incremental framework, whereby fines doubled in value for each repeat offence, to a maximum of five FPNs, equating to a maximum value of £960. We believe this is unprecedented in the UK, however due to the emergency procedures used to enact the Regulations, which precluded advance parliamentary scrutiny, the rationale for this remains unclear.
Along with changes in the fine structure, our work has documented the changing nature of punishable behaviours across the pandemic. Following the enactment of the original Regulations in March 2020, the Scottish Parliament passed three further sets of Regulations, each one revoking and replacing its predecessor. These are broadly: the first lockdown 'stay at home' and associated easing measures; introductions of restrictions to private gatherings and curfews in pubs and restaurants in the autumn months; the Local Levels Regulations; and rules covering the vaccination status and second lockdown. Adding to this, each set of Regulations was extensively amended, often at very short notice, using emergency procedures. Both the scale and scope of legislative change across the pandemic carries significant implications in relation to the rule of law, and the principle that the law must be sufficiently accessible, foreseeable and offences clearly defined. In research interviews police officers described the difficulties of keeping track of the Regulations over time. Similarly, officers stated that although members of the public broadly understood the rules, they struggled with the detail. (Murray et al, forthcoming).
THE 4ES STRATEGY WAS WELCOMED BY THE POLICE, BUT BECAME MORE DIFFICULT TO APPLY UNDER WIDENING PUBLIC NON-COMPLIANCE
At the outset of the pandemic, the National Police Chiefs' Council (NPCC) and the College of Policing issued professional guidance around the introduction of the Coronavirus Regulations for the police in England and Wales, which was adopted by all UK forces (including the Police Services of Scotland and Northern Ireland). Drawing on procedural justice principles (namely the idea that people are more likely to comply with the police if they feel they have been treated fairly, have received an explanation, and given the opportunity to express their view) the guidance set out a policing approach based on the '4Es'. This recommended that officers should Engage with the public, Explain the Regulations, and Encourage people to comply, and only move to Enforcement as a last resort. More broadly, the 4Es drew on the Peelian principle of 'policing by consent', recognising that effective policing is dependent on public support and approval.
In interviews, most officers thought that the 4Es strategy had worked well, albeit with the caveat that this largely applied to inadvertent breaches and people whose initial response was compliance. In this respect, officers spoke of public confusion, and appreciation of the explanation. The 4Es also served an important function in terms of longer term police legitimacy, trust and confidence. Some officers spoke about the unpopularity of the police more broadly and in that context, introducing a strategy in respect of the Coronavirus Regulations that gave precedent to engagement over enforcement was recognised as helpful.
On the other hand, officers also spoke of the need for tougher and more consistent enforcement. In terms of public behaviour, blatant rule breaking was generally seen as much more prevalent as the pandemic progressed, especially due to the emergence of what was viewed as an extraordinary volume of house parties. By the time of the second lockdown (which began in January 2021) officers moved far more quickly through the first 3Es to the use of enforcement, particularly in relation to repeat breaches or in incidents where people expressed open hostility. Officers also spoke of their frustration at policing blatant breaches of the rules that posed direct health risks to themselves and their families, as well as the wider public. These findings raise questions about the extent to which the Regulations themselves could be considered to have legitimacy in the eyes of the public. (Murray et al, forthcoming).
EQUIVOCAL EVIDENCE THAT FIXED PENALTY NOTICES ACTED AS A DETERRENT TO BREACHING THE REGULATIONS
Some officers thought that the Regulations were sufficient to secure compliance and that the powers of enforcement were useful in terms of providing added impetus. In relation to those with an existing history of police contact, there was a sense that this group were likely to breach the Regulations regardless, and officers expressed doubts that fines issued to this group would be paid. It follows from these observations that any general deterrent effect was likely to be weak. For some officers, this related to the perceived weak nature of the powers, in particular the value of the fine which was viewed as having been set at a very low level. Contrasts were made, for example, with the higher value of fines set in England and other European countries. This point was particularly pertinent to breaches involving more affluent populations, including students. As several officers pointed out, the reduced fine was less than the cost of a night out or even a taxi fare, and without the risk of incurring a criminal record, worth taking the risk. Taken together, these observations raise the questions as to whether similar levels of public compliance might have been secured based on non-statutory guidance, thereby avoiding the criminalisation of everyday behaviours, and lowering risks to officers. (Murray et al, forthcoming).
PATTERNS OF PAYMENT FOR FINES SUGGEST A SHARP DIVIDE BETWEEN THOSE WHO WERE WILLING/ABLE TO PAY AND THOSE WHO WERE NOT
Analysis of data published by the Scottish Courts and Tribunal Service shows that, despite an initial dip in payment rates (which was most likely due to changes in the administrative systems used to recoup monies), the proportion of FPNs that were paid during the first year of the pandemic was in line with previous years. During this period, FPNs issued in relation to the Coronavirus Regulations were significantly more likely to be paid than those issued in relation to anti-social behaviour, which did not suggest a lack of public acceptability of the financial penalties introduced as a result of the pandemic. However, higher value fines (offered in relation to second, third or fourth offences under the Regulations) were less likely to be paid, suggesting that those who were least able and/or willing to comply were also least willing/able to pay. (McVie, 2022).
FPNS ISSUED DURING THE FIRST LOCKDOWN WERE MORE LIKELY TO BE RESCINDED, BUT SHOWS THAT CHECKS AND BALANCES WERE IN PLACE TO CORRECT 'GOOD FAITH MISTAKES'
The speed at which the Regulations were introduced meant that it was impossible to roll out force wide training in the use of the new temporary policing powers, and acknowledgement was given by the Chief Constable of Police Scotland that 'good faith mistakes' might be made. Less than 1 in 10 FPNs were rescinded (i.e. cancelled or withdrawn) in Scotland, which was far lower than some forces in England and Wales. Rescinding was most common during the early stages of the first lockdown, when both police officers and members of the pubic were adjusting to the new Regulations. Incidents involving certain types of people or occurring in certain types of circumstances may have been more susceptible to error on the part of the police. Nevertheless, rescinding demonstrates that the majority of FPNs were issued in line with the Regulations and monitoring was in place to rectify where this was not the case. (McVie, 2022)
USE OF FPNS IN ENGLAND AND WALES WERE SIMILAR IN SOME REGARDS, BUT DIFFERED IN OTHERS, WHICH SUGGESTS THAT THE EXPERIENCE OF POLICING VARIED ACROSS COUNTRIES
• Over 120,000 fines were issued in relation to illegal travel and movement, social gatherings and failure to follow instructions, 5% of which were subsequently cancelled.
• The rate of fines issued in Wales was almost double that for England, although differences declined over time. It is likely that patterns of illegal travel and movement into Wales at least partially explain this difference between countries.
• Compared to their population share, fines were more likely to be issued to men, to those aged 18-24, to those from ethnic minority backgrounds, and to those living in areas with higher levels of deprivation.
• The average disparity rate between fines issued to those from ethnic minority backgrounds compared to white people was 2.3 in England and 2.8 in Wales. Disparities were highest for Black people in England, and for people from Asian or Mixed backgrounds in Wales. Ethnic disparities declined over time in Wales, but increased in England.
• During the first lockdown, FPN recipients in England were around 7 times more likely to be living in one of the 10% most deprived areas compared to one of the 10% least deprived areas, while in Wales they were around 4 times more likely. This disparity declined over time, suggesting a widening in the social spectrum of the population that the police were dealing with.
• Rates of fining varied widely across Police Force Areas (PFAs), but were consistently higher in Wales than England. During the first lockdown, when the emphasis was on staying at home, rates of enforcement tended to be highest in rural forces containing areas of outstanding natural beauty and national parks, but rates became higher in forces with large urban populations as the restrictions became focused on social gatherings.
• There was ethnic disparity in rates of fining across all 43 PFAs; however, this diminished substantially when non-residents were excluded, suggesting that enforcement relating to illegal travel and movement may have disproportionately involved people from ethnic minority backgrounds.
• Less than 1 in 20 FPN recipients were fined more than once, but the incremental fining structure resulted in a significantly higher financial burden for these people. The median cost of fines for a single recipient was £30 in Wales and £100 in England; however this increased to £180 and £500, respectively, for those who received more than one fine.
• Cancellation of fines varied substantially across PFAs, although it declined over time as officers became more familiar with the Regulations. Cancellation was higher for fines given to those who were not resident in the PFA of issue, people aged 35-44, those from ethnic minority backgrounds, those from more deprived areas, and repeat FPN recipients.
• More than half of all Covid FPNs were paid within the statutory payment period, with payment being most likely amongst women, older people, those from ethnic minority backgrounds, those living in less deprived areas, and those who received only one fine.
• Payment was consistently higher for fines issued in Wales than in England, which may be due to the lower cost of the fines in Wales.
Exploitation Route Our research provides a model by which others may wish to explore the impact of public health or other 'crises' on policing and, especially, use of enforcement. We believe our work challenges existing notions of 'procedural justice theory' which focus purely on the operational aspects of policing activity, and rely on notions of fairness and legitimacy in relation to the actions of officers. The implementation of the Coronavirus Regulations, which placed unprecedented restrictions on the day to day activities, human rights and civil liberties of the population, created a new set of considerations in relation to fairness and legitimacy. The face pace of change and lack of scrutiny around the Regulations, confusion and distrust around public messaging, public anger at perceived injustices around non-compliance, and growing resistance towards tight restrictions all diminished the perceived fairness and legitimacy of the Regulations themselves, which placed police officers in a difficult position with regards to 'policing by consent'. We believe theoretical frameworks around procedural justice must take account not only of police officer actions but wider legislative frameworks and the political context in which they are developed.
Our research also offers a model for others to understand policing through the lens of public health, by using linked administrative data. Linking data on enforcement from Police Scotland to data on health and other underlying vulnerabilities from Public Health Scotland has enabled us to provide a much wider view of patterns of non-compliance than other studies. Thus, this study should encourage other researchers to push the boundaries of data linkage to understand how different areas of public policy intersect.
We anticipate that our research will have an impact on public policy making, in respect of considering how to develop and scrutinise legislation in the context of a public health emergency. Specifically, we believe it will offer recommendations for how to create a legislative framework that takes account of the potential for the unintended consequences discrimination and inequality. We also believe that our research will be used by policing organisations (and others tasked with monitoring public behaviour) to establish better training and policies around working in the context of a public health emergency.
Sectors Communities and Social Services/Policy,Healthcare,Government, Democracy and Justice
URL https://www.law.ed.ac.uk/research/research-projects/policing-the-pandemic#:~:text=The%20Policing%20the%20Pandemic%20in,FPNs)%20issued%20by%20Police%20Scotland
 
Description Our research is still ongoing, so impacts to date have been limited; however, our work has had tangible effects in 4 key areas: 1. Developing our research in the context of the pandemic, and working closely with the Scottish Police Authority and Police Scotland, our real time analysis of policing data enabled us to provide insights and recommendations to policing practitioners (including Divisional Commanders and frontline officers) about police use of enforcement. This resulted in 3 key impacts during the course of our research: (a) Reduction in spatial variation in the use of enforcement across Scotland. We demonstrated that there was considerable variation in the use of enforcement across divisional areas that was not explained by population differences, patterns of travel, or rates of the spread of the disease. We identified that officers in some areas were moving more swiftly to enforcement than others. As a result, policing policies were adjusted to ensure greater consistency in the use of the 4Es approach to policing across Scottish communities, while still retaining a local policing approach. (b) Our work identified spikes in the use of policing activity within some localities that had been attributed to use of 'force'. Our more detailed investigations uncovered that these were primarily incidents involving individuals being 'escorted' from specific premises or locations, rather than use of force. Therefore, we were able to change the police language around interventions to better reflect policing activity and reduce concern about policing practice. (c) Our work highlighted certain areas of inequality in the use of enforcement, including disproportionately higher rates of fining amongst younger people, those with a prior criminal history, and people living in more deprived areas. This is the first time that analysis of policing data has been able to increase awareness and scrutiny of the level of inequality inherent in policing and has contributed to increased consideration to how policing practice may be adapted to reduce unnecessary unfairness or inequality. For example, our work has influenced renewed policies around the policing of younger people by the Children and Young People's Commissioner in Scotland. 2. The work we undertook using policing data during the pandemic was widely praised by both the Chief Executive of the Scottish Police Authority and the Chief Constable of Police Scotland. At an SPA Board Meeting, the CC noted that the role of the research (which was developed as part of an Independent Advisory Group on police use of the temporary powers) would become the 'standard model of practice' in regards to all future emergency policing protocols. He also noted that "We will use the experience of this in terms of our ability to collate data and use it to make sure our practice is evidence based moving forward." (Iain Livingstone, Chief Constable, Police Scotland).This means that robust data analysis and evidence collection will be at the heart of guiding policing strategy and operational practice. 3. We were the first team of researchers to gain approval in Scotland for linking data from Police Scotland to data from Public Health Scotland. While there was widespread commitment to 'public health policing', these two organisations had never worked in partnership around data linkage in order to inform the development of better informed public policies and strategies. As part of our project, we secured approvals from both Police Scotland and Public Health Scotland to share and link the data. This included getting the approval of the Health and Social Care Public Benefit and Privacy Panel, which includes the Caldicott Guardians who oversee use of health data in Scotland. During the course of our application process, we managed to secure agreement from both Police Scotland and Public Health Scotland to amend their public privacy statements to include specific mention of data sharing for this type of research purpose. This is a huge step forward in terms of ensuring that many more research projects will be able to do similar projects using linked health and policing data, which will have significant public benefit in the future. 4. Our research on policing during the pandemic is feeding into both the Scottish and UK Covid-19 Inquiries. We participated in the public consultation around setting the Terms of Reference for the UK Inquiry, and were pleased to have influenced a specific focus on the use of police enforcement during the pandemic (which was not in the draft terms circulated by Baroness Hallett). We have recently submitted formal evidence and offered to participate in specific discussions around inequalities in policing practice, matters of legitimacy and fairness, and public experiences. This work is ongoing.
First Year Of Impact 2021
Sector Communities and Social Services/Policy,Healthcare,Government, Democracy and Justice
Impact Types Policy & public services
 
Description Policing The Pandemic: The Role Of Enforcement In Securing Compliance With The Coronavirus Regulations
Amount £355,022 (GBP)
Funding ID ES/W001845/1 
Organisation Economic and Social Research Council 
Sector Public
Country United Kingdom
Start 03/2021 
End 09/2022
 
Description Policing the pandemic in England and Wales: Evaluating police use of Fixed Penalty Notices
Amount £22,000 (GBP)
Organisation National Police Chiefs Council 
Sector Charity/Non Profit
Country United Kingdom
Start 06/2021 
End 03/2023
 
Description Collaboration with Police Scotland and the Scottish Police Authority 
Organisation Police Scotland
Country United Kingdom 
Sector Public 
PI Contribution We conducted research on police use of enforcement under the Coronavirus Regulations, using data provided by Police Scotland, to contribute towards scrutiny of policing during the pandemic. We provided regular updates to Police Scotland and the Scottish Police Authority (SPA) throughout the pandemic, and published several data reports highlighting key findings from this work. We supported the work of an Independent Advisory Group established by the SPA to provide scrutiny of policing and to enable transparency of policing practice. Focusing on the terms of reference of the IAG, we also worked with a range of other organisations (such as the Scottish Courts and Tribunal Service, and the Scottish Government) in the collation of other data and evidence to support policing practice and policy making. Our work was integral to decision making during the pandemic and fed into operational policing, strategic planning and wider policy development. The Chief Constable for Police Scotland stated that our work had been highly valuable and would form a benchmark for the use of data and evidence in future strategic activities.
Collaborator Contribution Police Scotland provided data and authorised the use of the data for linkage with courts and health data in order to support the wider aims of this project. Police Scotland and the SPA have been core members of the Advisory Group for the project and have provided advice and guidance on specific aspects of the project. Police Scotland also facilitated access to a sample of police officers for interviews; and enabled us to contact members of the public who had been fined during the pandemic, also for interviews. The Scottish Police Authority have run a series of roundtable events on the policing of the pandemic at which the research evidence from this project was presented.
Impact This collaboration has resulted in the publication of six policy reports and 4 blogs to date (all detailed on our project website under 'outputs': https://www.law.ed.ac.uk/research/research-projects/policing-the-pandemic). The main outcomes from this collaboration include: influence on operational planning and policing practice during the Covid pandemic; influence on the use of data and evidence in the development of policing policy and response; change of attitude in the sharing of data for research, especially in relation to linkage with other data from health organisations; better partnership working between police and academics in relation to research. This research also has the potential to influence the deliberations of the Scottish Covid-19 Inquiry, which is currently underway.
Start Year 2020
 
Description Collaboration with Public Health Scotland 
Organisation Public Health Scotland
Country United Kingdom 
Sector Public 
PI Contribution We have been working with Public Health Scotland in the development of new data linkage research involving ingestion of police data into the National Safe Haven for research purposes. We were involved in the development of an application to the Public Benefit and Privacy Panel for Health and Social Care in order to secure approvals for the research; and then in the development and coordination of Information Sharing Agreements and Data Privacy Impact Assessments between Public Health Scotland and Police Scotland. We have also secured the involvement of senior health consultants in the development of the project and have been working collaboratively with Public Health Scotland to achieve formal collaboration plans with Police Scotland.
Collaborator Contribution Representatives of Public Health Scotland have provided advice and guidance on the use of health data and have ensured that the legal, ethical and practical provisions were in place to support the research. They changed to the public privacy notices on their website to reflect the fact that data linkage research was being undertaken using Police Scotland data; and have also offered to ensure that the research is disseminated widely within Public Health Scotland to all those with an interest in public health policing.
Impact This work is still underway.
Start Year 2021
 
Description Commissioned research by the National Police Chiefs' Council 
Organisation National Police Chiefs Council
Department National Police Coordination Centre (NPoCC)
Country United Kingdom 
Sector Public 
PI Contribution As a direct result of our work on police enforcement during the pandemic in Scotland, we were approached by the National Police Chiefs' Council (NPCC) and commissioned to conduct a similar piece of research using data for all 43 police forces in England and Wales. Working with the NPCC, ACRO and the Home Office, we conducted a large-scale piece of analysis on the police data to identify the pattern of policing over time and between police force areas, and examine the profile of those who were issued with police Fixed Penalty Notices and how this changed over time. Specifically, we were asked to examine issues of inequality and disproportionality. The final report of our work was published on 9th March 2023. ACC Owen Weatherill of the NPCC stated in the foreword to the report: "Professor Susan McVie, Dr Kath Murray and Dr Victoria Gorton from the University of Edinburgh, alongside Dr Ben Matthews from the University of Stirling have great experience in this field. Having already analysed pandemic enforcement data for Police Scotland, they were a natural fit to undertake this further analysis for the NPCC. The report produced by them provides the independent view of the data required, and enables the communities that policing serves to better understand and scrutinise the data and ask questions of their local police force.".
Collaborator Contribution The NPCC funded the work and were involved in overseeing the direction of the research and providing support to the researchers in terms of accessing the data from ACRO and securing support from the Home Office around some of the analytical work. The NPCC were also involved in circulating the research to all 43 police forces for comment, securing academic peer reviews, and sharing the report with the UK Covid-19 Inquiry in respect of the work of Module 2.
Impact A policy report was published on 9th March 2023: McVie, S, Murray, K, Gorton, V, and Matthews, B. (2023) Policing the Pandemic in England and Wales: Police use of Fixed Penalty Notices from 27 March 2020 to 31 May 2021. https://blogs.ed.ac.uk/edinburghlawschool/wp-content/uploads/sites/8261/2023/03/NPCC-Report-March-2023-final-1.pdf The main outcome from this collaboration is that the report will feed into the UK Covid-19 Inquiry (Module 2) in respect of the response by police forces to the pandemic. This is still ongoing.
Start Year 2022
 
Description European Society of Criminology Conference - Panel on Police use of Fixed penalty notices (Susan McVie, Vicky Gorton & Kath Murray) 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Other audiences
Results and Impact Participation in the European Society of Criminology Conference Panel in Malaga in September 2022. Organised panel titled 'Financial Penalties and Inequalities: Past, present and future'.
The research team presented 3 papers from PPP team on the following:

* COVID fines: Insights into non-compliance and vulnerability from Scottish recipient data
* Keeping up with the Coronavirus Regulations: challenges for operational policing
* Can't pay or won't pay? Inequalities in the impact of financial punishment during the pandemic
Year(s) Of Engagement Activity 2022
URL https://www.esc-eurocrim.org/images/Malaga/ESC_22_Conference_Malaga_2022_Book%20of%20abstracts.pdf
 
Description Every Ticket Tells a Story: N8 Policing Research Partnership Webinar on Policing of the Pandemic (Susan McVie) 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact On 9 September 2022, N8 PRP hosted Disproportionality, Discretion, & 'Policing by Consent', a roundtable chaired by Chief Supt Ngaire Waine (Merseyside). Dr Liz Turner and Professor Susan McVie discussed their work on how the police used these exceptional powers, what this suggests about police discretion and the idea of 'policing by consent' and what practical steps might be taken to reduce - or even eliminate - inequalities in the use of police powers against different communities.
Year(s) Of Engagement Activity 2022
URL https://www.n8prp.org.uk/home/library/small-grants/every-ticket-tells-a-story/
 
Description Holyrood Evidence Week - Sense About Science - Meng Le Zhang and Susan McVie 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Policymakers/politicians
Results and Impact Members of the Understanding Inequalities team were invited to be part of the 2022 Holyrood Evidence Work. Sense about Science partnered with SPICe in the Scottish Parliament, RDS Scotland and ADR Scotland, to deliver Evidence Week in Holyrood. This involved MSPs joining researchers, and constituents to discuss how the evidence used to make policy decisions in Scotland is scrutinised. The UI team contributed two 'pods' to this event:

Meng Le Zhang - HOW TO MONITOR THE IMPACT OF SCOTTISH POLICY ON NEW REFUGEE HOMELESSNESS AND INTEGRATION - https://senseaboutscience.org/evidence-week-holyrood/institution/how-to-monitor-the-impact-of-scottish-policy-on-new-refugee-homelessness-and-integration/

Susan McVie - DATA TO CREATE EFFECTIVE CRIME, JUSTICE AND EQUALITY POLICY - https://senseaboutscience.org/evidence-week-holyrood/institution/data-to-create-effective-crime-justice-and-equality-policy/

Because this event takes place right at the end of the ResearchFish reporting period, we are unable to report on any impact; however, we are making plans to follow up on this activity by working pro-actively with Members of the Scottish Parliament.
Year(s) Of Engagement Activity 2022
URL https://senseaboutscience.org/evidence-week-holyrood/event/
 
Description Interview for GB News 
Form Of Engagement Activity A broadcast e.g. TV/radio/film/podcast (other than news/press)
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Interview with GB News about the findings of our published report (Police Use of Covid-19 Fixed Penalty Notices in Scotland: March 2020 to May 2021). Interested in the findings of the study and what they meant for policing generally.
Year(s) Of Engagement Activity 2022
URL https://twitter.com/GBNEWS/status/1555497033880027136
 
Description Meetings of the Research Advisory Group 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact We established a Research Advisory Group to oversee the work of the project team and ensure that the research was focused on key policy priorities. We also wanted to demonstrate to the RAG members that data linkage could be achieved and provide value to a range of organisations. RAG members include Police Scotland, Public Health Scotland, the National Police Chiefs' Council and Scottish Government. The RAG met twice in 2022 (1st April and 25th November) at which early findings from the study were presented. The RAG has also been instrumental in ensuring that various aspects of the research were facilitated, including access to police officers and members of the public for interview, and in the development of new information governance arrangements around data sharing and linkage. This work is ongoing.
Year(s) Of Engagement Activity 2022
 
Description Operation Talla Information Collation, Assurance and Liaison Cell - Police Scotland (Susan McVie) 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact The OpTICAL Group was established by Police Scotland at the onset of the pandemic to review the use of data in relation to policing. This group was involved in overseeing the collection, development and sharing of policing data in the context of the pandemic. It also became a vehicle for improving information governance procedures and data quality in relation to the pandemic. Susan McVie was a member of this group from its inception and used the research developed through the UI and Policing the Pandemic projects to inform and improve data-related activities. She also drew extensively on the expertise of the group to ensure public facing reports were accurate and informative. According to the Chief Constable of Scotland, this group was invaluable during the course of the pandemic, and provided a model that has been used in the context of future policing emergencies or major incidents (including COP26 in Glasgow).

The main outcomes of this work are: improvements in working with Police Scotland around research; changed attitudes towards data sharing and data linkage research; creation of new policies and procedures for sharing data (including DPIAs and DSAs); generation of new research that are being pursued through funding from Police Scotland, including work on demand and response efficiencies in Scotland.
Year(s) Of Engagement Activity 2020,2021,2022
URL https://www.spa.police.uk/spa-media/v2nnb3j2/acc-gary-ritchie.pdf
 
Description Police Scotland and Public Health Scotland Collaboration: Data Working Group (Susan McVie) 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact Susan McVie is working as part of a data working group to improve the quality of linkage between policing and health data. This work is being led by the new strategic lead for the Police Scotland (PS)and Public Health Scotland (PHS) Collaboration within PHS, and is building directly on the work of the Policing the Pandemic project in negotiating access to data for linkage from these two public sector organisations. This has been a significant piece of work, involving engagement across a range of organisations, and seeking the voices of members of the public and people with lived experience in order to ensure public approval for the work. It has also involved presenting to the Scottish Government's Joint Health and Justice Board, with a view to encouraging them to facilitate data access and linkage. This is a significant aspect of the Policing the Pandemic project that will have a wider legacy for further research in the space of public health policing.
Year(s) Of Engagement Activity 2022
URL https://www.scotland.police.uk/what-s-happening/news/2021/july/police-scotland-and-public-health-sco...
 
Description Policing the Pandemic in Scotland: Balancing the rule of law with human rights considerations (Susan McVie) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Presentation to a group of lawyers, academics and students from the University of Leiden. The aim of the event was to discuss the implications of the pandemic from the perspective of the rule of law. It was an online event attended by approximately 100 individuals.
Year(s) Of Engagement Activity 2021
 
Description Policing the Pandemic: The Scottish Experience - Scottish Police Authority Roundtable Event (Susan McVie) 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact The aim of this event was to generate discussion and debate about the way in which Scottish policing had adapted during the Coronavirus crisis. The focus was on challenges to policing practice, the impact on operational police officers, and the changes, adaptations and innovations inspired by the pandemic. Bringing together the expertise of police officers, academics, third sector and government, Susan McVie was asked to participate in the event specifically to discuss the growing bank of evidence relating to policing during the pandemic in Scotland and explore areas of both current and future research. The event was attended (virtually) by around 100 people, and sparked significant discussion. The SPA noted that it had been a highly successful event and Police Scotland noted that they had made decisions about changing the nature of their practices directly as a result of the research produced by Susan during her time as an advisor on the Independent Advisory Group and OpTICAL Groups.
Year(s) Of Engagement Activity 2021
URL https://www.spa.police.uk/strategy-performance/joint-evidence-and-research-roundtables/policing-and-...
 
Description Presentation at SCCJR Early Career Punishment and Society Symposium (Vicky Gorton) 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Postgraduate students
Results and Impact Vicky Gorton presented on 'COVID Fines: Understanding the nature of police enforcement in the pandemic ' at the Scottish Centre for Crime and Justice Research Early Career Punishment and Society Symposium in August 2022. The primary audience was early career academics and postgraduate students.
Year(s) Of Engagement Activity 2022
 
Description Presentation at the Royal Geographical Society Annual Conference 2022 (Vicky Gorton) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Other audiences
Results and Impact Vicy Gorton delivered a presentation on 'Policing the Pandemic:Examining the spatial-temporal patterning of compliance and vulnerability through Covid fines' at the Royal Geographical Society Annual Conference in August 2022. The audience was primarily academics and practitioners working in the field of spatial geography.
Year(s) Of Engagement Activity 2022
 
Description Presentation to the Administrative Data Research Scotland public panel (Susan McVie & Vicky Gorton) 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Presentation to the ADR Scotland's public panel on the policing the pandemic in Scotland research. This involved discussing the reasons for the research, the research methods and early findings, and debating the use of data linkage for this study. It generated a lot of discussion about the ethics of doing this kind of research and public perceptions of linking police and health data. A key focus of the discussion was on public benefit of the research. One or two members of the public were a little sceptical, but most felt that the benefit of this study far outweighed the risks.
Year(s) Of Engagement Activity 2022
 
Description Presentation to the Edinburgh Law School Staff Seminar Series (Susan McVie) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Other audiences
Results and Impact Presentation on Covid and Compliance: The Impact and Effectiveness of the Public Health Policing Powers. University of Edinburgh Law School Staff Seminar, 23rd November 2022
Year(s) Of Engagement Activity 2022
 
Description Presentation to the European COST Action PolStops in Europe Conference 2023 (Susan McVie) 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Presentation by Prof Susan McVie on 'Effectiveness and Equity in Police use of Stop and Search in Post-Reform Scotland'. Building on work developed on police stop and search by the UI team, this presentation highlighted the importance of focusing on equity of policing rather than effectiveness as a way of measuring improvement in practice and achieving public confidence. The aim of the meeting was to inform and influence academics, NGOs and policing practitioners across Europe in improving stop and search practice. It sparked significant debate and interest and the general concensus of participants was that equitable policing practice should become a high priority.
Year(s) Of Engagement Activity 2023
URL https://polstops.eu/events/international-conference-police-stops-across-europe-february-2023/
 
Description Presentation to the SCADR Research Meeting on Policing the Pandemic Research 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Other audiences
Results and Impact This activity involved presenting on the data linkage element of the project to highlight the work that had been undertaken in securing access to Police Scotland data and ensuring this could be linked to Public Health Data. The meeting included members of staff from Public Health Scotland with an interest in further developing areas for data linkage.
Year(s) Of Engagement Activity 2022
 
Description Presentation to the Scottish Government Data Intelligence Network Ethics panel on Covid FPNs (Susan McVie) 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Presentation to the Data Intelligence Network Ethics Panel on the Policing the Pandemic research. Purpose of the event was to enlighten members of the public about data linkage research involving health and police data and respond to any concerns about ethical issues. Involved rigorous discussion with 4 different panels of the public, with detailed questioning of the research. As with previous public engagement events, a small number of people were sceptical about this, but the majority felt that the research was valid and was extremely interested in hearing the results of the work.
Year(s) Of Engagement Activity 2022
 
Description Presentation to the Scottish Institute for Policing Research Annual Conference 2022 (Susan McVie) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact Presentation on the policing of the pandemic research to the SIPR annual conference in Edinburgh, predominantly involving policing practitioners from senior to junior ranks, including Police Scotland, Scottish Police Authority and HM Inspector of Constabulary. Presentation focused on issues relating to policing demand during the pandemic and the pressures this placed on officers in the course of their work. It generated a lot of debate and discussion in relation to how policing was handled and whether this could have been improved. Presentation of new research findings generated insights and changed opinions.
Year(s) Of Engagement Activity 2022
URL https://www.sipr.ac.uk/events/scottish-international-policing-conference-2022/
 
Description Scottish Association for the Study of Offending Webinar - Equality and Justice - Susan McVie and John Scott QC 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact This webinar was organised by the Scottish Association for the Study of Offending. The focus of the event was Equality and Justice, and the presentation focused on the policing of the pandemic in Scotland. UI and Policing the Pandemic project Director, Susan McVie, in partnership with human rights lawyer John Scott QC, examined this through the lens of justice, human rights and inequalities. It drew on research findings from both projects. The event was webcast and attended by around 100 participants across Scotland, and beyond.
Year(s) Of Engagement Activity 2022
URL https://www.sastudyoffending.org.uk/attachments/article/343/270122%20-%20Equality%20and%20Justice.pd...
 
Description Scottish Police Authority Reflections Roundtable on Oversight of Policing During the Pandemic (Susan McVie) 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact This invited presentation was part of a wider roundtable on the policing of the pandemic in Scotland and beyond, organised and Chaired by the Scottish Police Authority. It involved policing practitioners and experts from a range of countries. The research from Scotland was presented, and the audience commented on the depth of the analysis, the amount of data that had been made available for the research in Scotland, and the importance of the findings for policy and practice. The Chief Executive of the Scottish Police Authority commented on the value of the research and highlighted that it had proved a model for future collaboration between the police and academics in Scotland.
Year(s) Of Engagement Activity 2022
URL https://www.spa.police.uk/strategy-performance/joint-evidence-and-research-roundtables/reflections-r...
 
Description Scottish Police Authority Roundtable on Mental Health and Policing (Susan McVie & Vicky Gorton) 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact Participation in the Scottish Police Authority's roundtable event on mental health, policing and vulnerability. https://www.spa.police.uk/strategy-performance/joint-evidence-and-research-roundtables/mental-health-vulnerability-and-policing/
Year(s) Of Engagement Activity 2022
URL https://www.spa.police.uk/strategy-performance/joint-evidence-and-research-roundtables/mental-health...