Dominic Cummings' trip to Barnard Castle 'might have been minor breach of regulations'

A storm broke out after it emerged the Prime Minister's aid had driven to Durham to self-isolate in a property owned by his father on March 27.

• Police cannot be seen to be 'judge and jury'

In a statement police today Durham Police said the force does not consider that by locating himself at his father’s premises, Mr Cummings committed an offence contrary to regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.

The statement said: "On April 12, Mr Cummings drove approximately 26 miles from his father’s property to Barnard Castle with his wife and son. He stated on 25 May 2020 that the purpose of this drive was to test his resilience to drive to London the following day, including whether his eyesight was sufficiently recovered, his period of self-isolation having ended.

"Durham Constabulary have examined the circumstances surrounding the journey to Barnard Castle (including ANPR, witness evidence and a review of Mr Cummings’ press conference on 25 May 2020) and have concluded that there might have been a minor breach of the regulations that would have warranted police intervention. Durham Constabulary view this as minor because there was no apparent breach of social distancing.

"Had a Durham Constabulary police officer stopped Mr Cummings driving to or from Barnard Castle, the officer would have spoken to him, and, having established the facts, likely advised Mr Cummings to return to the address in Durham, providing advice on the dangers of travelling during the pandemic crisis. Had this advice been accepted by Mr Cummings, no enforcement action would have been taken.

"In line with Durham Constabulary’s general approach throughout the pandemic, there is no intention to take retrospective action in respect of the Barnard Castle incident since this would amount to treating Mr Cummings differently from other members of the public. Durham Constabulary has not taken retrospective action against any other person.

"By way of further context, Durham Constabulary has followed Government guidance on management of alleged breaches of the regulations with the emphasis on the NPCC and College of Policing 4Es: Engage, Explain and Encourage before Enforcement.

"Finally, commentary in the media has suggested that Mr Cummings was in Durham on 19 April 2020. Mr Cummings denies this and Durham Constabulary have seen insufficient evidence to support this allegation.

"Therefore Durham Constabulary will take no further action in this matter and has informed Mr Cummings of this decision."

Acting Durham Police, Crime and Victims’ Commissioner, Steve White said: “I am grateful to the Chief Constable for the work that the constabulary has conducted in extremely difficult circumstances and the comprehensive and proportionate consideration of the facts.  

"I felt it important that the people of Durham and Darlington could see that the Force is, and remains fair in its approach to policing the issues arising out of the Covid-19 crisis and that it will continue to police without fear or favour.”

He added: “I am sure that the communities across the Force area will continue to do their very best in preventing the spread of this disease and will continue to support the Force as it works hard to decipher and provide education to the public as it polices the changing advice, regulations and legislation.

"Clarity is paramount if we are to defeat this threat, and clarity has now been provided by the Force in relation to the matter concerning Mr Cummings as things stood on the dates in question.”