Since your boat is UK flagged

(5) In paragraph (4), 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 a vulnerable person and supplies for the essential upkeep, maintenance and functioning of the household or the household of a vulnerable person, or to obtain money,
(b)to take exercise, either alone or with other members of their household,
(c)to seek medical assistance, including to access any of the services referred to in paragraph 37 or 38 of schedule 1,
(d)to provide care or assistance to a vulnerable person, including to provide emergency assistance,
(e)to donate blood,
(f)to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living,
(g)to attend a funeral of—
(i)a member of the person’s household,
(ii)a close family member, or
(iii)if no-one within sub-paragraphs (i) or (ii) are attending, a friend,
(h)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,
(i)to access critical public services, including—
(i)childcare or educational facilities (where these are still available to the child in relation to whom that person is the parent of, or has parental responsibility for or care of, the child),
(ii)social services,
(iii)services provided by the Department of Work and Pensions,
(iv)services provided to victims (such as victims of crime),

9.—(1) A constable may issue a fixed penalty notice to a person that the constable reasonably believes—
(a)has committed an offence under these Regulations,


The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020
 
Does that mean that to defend yourself against such a charge you would have to show that the policeman didn't "reasonably believe" it, rather than just that you didn't do it?

I guess it just means a fixed penalty is available & you can decline the fixed penalty if you think he's made a mistake and let a court sort it out.
 
I guess it just means a fixed penalty is available & you can decline the fixed penalty if you think he's made a mistake and let a court sort it out.
To refuse the fixed penalty will get you arrested and in front of the Sheriff in Scotland ,were you might be charged with other offences, name giving , etc
The best option is to take the penalty , and then appeal it through the correct process, which will go to the Fiscal, who decides if it is in the public's interest to pursue, and what happened,
A police officers opinion is not law , but they have the power to arrest you . and the court decides
Reasonably is a view that has not been tested in law for the corona act 2020 and I suspect that if people are canny enough to appeal it will not go no further , as the Fiscal and the government would rather not see this happen , but that is only my opinion , but as the legislation is all based on distances , reasonable, etc and not every encounter can be written down, only a Judge can decide, and yes you can challenge any police persons decision , either through the police complaints or through the courts ,
I have done this several times.
So what is reasonable distance and reasonable excuse, it is hard to truly know as everyone has an opinion :oops:
 
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