Police have today been accused of using 'powers they don't have' to arrest a woman at a railway station as 'overzealous' enforcement of new coronavirus laws came under the microscope again today.

Marie Dinou, 41, from York, was fined £800 after allegedly failing to tell police her name and why she was at Newcastle Central station - and is believed to be Britain's first prosecution for breaching the lockdown.

British Transport Police, who carried out the arrest, said she was detained because she 'refused to speak' to officers after being seen 'loitering between platforms' on Saturday.

On Monday she was fined at North Tyneside magistrates' court after she was found guilty of 'failing to provide identity or reasons for travel to police, and failing to comply with requirements under the Coronavirus Act'.

But legal experts say this is the 'wrong law' and Ms Dinou should not have been taken to magistrates' court and handed a criminal record.

Kirsty Brimelow QC, one of Britain's leading human rights lawyers, told The Times: 'Powers under the Coronavirus Act [do not] relate to a direction to provide identity or reason for a journey. So it seems that she has been prosecuted and convicted for an offence which does not exist under this act. She has an option of appeal.'

Marie Dinou, 41, from York, was prosecuted and fined £800 after allegedly failing to tell police her name and why she was at Newcastle Central station - but experts say her prosecution appears to have been unlawful

Ms Dinou's charge sheet shows she was prosecuted under new powers relating to potentially infectious persons in Schedule 21 of the Coronavirus Act - but police said she was prosecuted for failing to identify herself

Leading QC Kirsty Brimelow says that Ms Dinou, who has a criminal record, has the right to appeal

Police powers to tackle people flouting the coronavirus lockdown Up to two years in prison if you cough deliberately on someone after spate of attacks on police and emergency service workers

People who continue to flout coronavirus lockdown rules will be breaking the law and can be arrested as part of new enforcement powers announced by the Home Office.

Officers can also tell them to go home, leave or disperse an area and ensure parents are taking necessary steps to stop their children breaking the law.

Those who refuse to comply could be issued with a fixed penalty notice of £60, which will be lowered to £30 if paid within 14 days.

Second-time offenders could be issued a fixed penalty notice of £120, doubling on each further repeat offence.

Those who do not pay the penalty can be taken to court, with magistrates able to impose fines up to £1,000 or more; Advertisement

In a series of tweets this morning she added: 'The police seem to have applied powers they don't have. Whatever the investigation, the prosecution has to be right under the act'.

'There’s a mixing up here of the Coronavirus Act & the Emergency Regulations. It looks like the police, prosecution & magistrates did the same thing resulting in a wrongful prosecution & conviction'.

A British Transport Police spokesman said the force was aware of the claims and 'speaking with our partners in the Crown Prosecution Service'.

She added that their policy is enforcement as a last resort.

According to the charge sheet presented in court, Dinou was prosecuted under Schedule 21 of the Coronavirus Act.

This clause is meant to force people to self-isolate or be tested for coronavirus, if they are suspected to have it and are endangering the public by being out of the house.

But British Transport Police confirmed they didn't believe she was ill - nor did they ask her to self-isolate or be screened.

More damning is guidance issued by the National Police Chiefs Council (NPCC), which is clear that under the act officers have no power to 'stop and account', or force someone to explain themselves.

Ms Brimelow, QC, the first chairwoman of the Bar Human Rights Committee, highlighted the case and other lawyers agree with her summary.

Marie Dinou, 41, from York, was seen 'loitering between platforms' at Newcastle Central station (pictured last week) and charged with failing to comply with requirements imposed under the Coronavirus Act

Others have claimed that Ms Dinou's case suggests police could now treat suspects as 'potentially infectious' to perform arrests.

Drunk, 55, jailed for six months after coughing in policeman's face and saying: 'I've git Covid - you're going to get it' A drinker who coughed in a policeman's face and claiming to have coronavirus has been jailed for six months. Adam Lewis, 55, pictured, was sentenced at Westminster Magistrates' Court on Wednesday after being convicted of an assault on an emergency worker, the Metropolitan Police said. The case is believed to be the first jail sentence in London for a Covid-19-related assault involving a police officer. The Met said the officer had been flagged down by a member of the public while he was on cycle patrol in Westminster at around 3.40pm on Tuesday. The officer was told that a man had been seen trying the handles of car doors in the area. He subsequently approached Lewis and attempted to detain him for a search, at which point Lewis tried to resist and smashed a bottle of wine he was holding on the floor. Police said Lewis then verbally threatened the officer, telling him: "I am Covid and I am going to cough in your face and you will get it." He then coughed on the officer - who was trying to keep him at arm's length - making no attempt to shield his mouth, and fell to the floor. The officer bent down to restrain him, while holding his head away from Lewis, who attempted to cough up phlegm, before trying to spit in his face. Lewis also threatened to bite the officer shortly after telling the him he had a "bad disease" and he was going to give it to him. Advertisement

This is only meant to be used when someone who should be in self-isolation refuse to go home or to be screened.

Big Brother Watch, who have accused UK forces of going to far, said today: ;Police need to be trusted with these extreme powers - but they've fallen at the first hurdle'.

Director Silkie Carlo said: 'The Coronavirus Act gives police huge powers to police to arbitrarily fine, detain and punish potentially anyone in this country.

'The new law defines 'potentially infectious persons' so loosely as to be meaningless and capture the entire British public.

'It seems here that someone who declined to give police their personal details has been classed as 'potentially infectious' and criminalised as a result.

'It's so important that people follow the government guidance to protect themselves and others. Extraordinary powers are needed in these circumstances to protect public health.

'However, these emergency powers are the most draconian ever seen in peacetime Britain.

'These breathtaking powers can even be used to detain and isolate our children. If the police are to maintain credibility and public trust in their handling of these extreme emergency powers, they will need to use them proportionately and in accordance with the law'.

Following Dinou's arrest, BTP insisted said enforcement action like this was always 'a last resort' and officers would always try to engage with passengers and convince them of the need to follow the advice before taking matters further.

Assistant Chief Constable Sean O'Callaghan said: 'Enforcement of any sort under the new regulations really is a last resort, especially arrest.

'In this case, officers tried their upmost best to engage with Dinou. I can assure you we would much rather not have to take such action.'

'We strongly urge the public to do the right thing and help us save lives by staying at home and slowing the spread of the virus.'

Police will be able to use force on children if they flout the coronavirus lockdown.

Guidance from the College of Policing says 'reasonable force' can be used if a youngster is believed to be 'outside of their premises without reasonable excuse'.

Officers also have the power to fine parents £60 for failing to stop a child from going out.

The guidance spells out that officers can remove a youngster from the streets and anyone with them if they refuse to go home. The briefing drawn up by the National Police Chiefs' Council urges officers to make sensible decisions and use enforcement as a last resort.

It also says checks on every vehicle are 'disproportionate' and the public should not be punished for travelling a reasonable distance to exercise. Forces including North Yorkshire and Devon and Cornwall have put road blocks into place or deployed high visibility patrols to quiz motorists about their plans.

Derbyshire Police also faced a backlash after using drones to film walkers who had driven to the Peak District. The guidance states: 'Use your judgment and common sense – the police will apply the law in a system that is flexible, discretionary and pragmatic. If you believe anyone is outside of their premises without reasonable excuse, including a child, you can use reasonable force in the exercise of the power.'

Derbyshire Police sent up their drone and filmed people on 'not essential' trips to the Peak District including people posing for an 'Instagram snap'

The guidelines advise officers to maintain a distance of at least 6ft from members of the public.

Bill Skelly, Chief Constable of Lincolnshire Police, said officers had to stop some motorists: 'Caravans heading down the M5 – they are clearly not travelling for essential reasons.' Yesterday the chairman of the Association of Police and Crime Commissioners, Katy Bourne, urged forces not to be 'overzealous'. She said: 'In order for these measures to be truly effective, the police will need to maintain public confidence.'

The Health Protection (Coronavirus, Restrictions) Regulations 2020, which were enacted last week to give police the power to enforce rules with fines and even arrests, says: ‘During the emergency period, no person may leave the place where they are living without reasonable excuse.’ Reasonable excuses include buying food and exercising.’

The legislation does not specify – or limit – how many times a day someone can leave their house.

It came as police chiefs hit back at claims the lockdown had turned Britain into a police state amid anger at drones, helicopters and roadblocks being deployed to force people to stay indoors.

Former Supreme Court judge Lord Sumption said officers had ‘shamed our policing traditions’ after Derbyshire Police used a drone to spy on dog walkers at an isolated beauty spot. Some forces such as Lancashire have issued 123 fines for breaches of the rules. But a survey found around a quarter had not issued any fines or made any arrests so far.

Former Greater Manchester police chief Sir Peter Fahy said comparisons to George Orwell’s vision of a totalitarian state were ‘not true’. He told the BBC’s World At One: ‘I would suggest it’s a bit closer to Keystone Cops rather than 1984 and overall I think it’s a bit disappointing if people are trying to make judgments on a series of tweets rather than for instance what the Commissioner of the Metropolitan Police has said about her approach.’

England’s most senior officer, Met Commissioner Dame Cressida Dick, has told her force to use enforcement only as a last resort. Derbyshire Chief Constable Peter Goodman also defended tactics used by his force, including filming walkers with drones to deter visitors to the Peak District. Speaking on BBC Radio 2, he said of Lord Sumption’s comments: ‘I think there’s a misinterpretation by him about what’s going on.

‘We had many, many members of the Derbyshire community contacting the police very concerned because villages that are largely filled by elderly residents who were self-isolating were inundated by thousands of visitors. We put the footage out to start a conversation with the public, to say... we believe the sensible thing is not to come to come walking because of the risk you are posing to the elderly.’