Communities and Environment Enforcement Policy

4.1 The overall decision to prosecute is made by the Service Director for Communities and the Environment, and the prosecuting lawyer, but the decision to prosecute must first be discussed with and agreed by the investigating officer's line manager. 

4.2 In determining whether it is appropriate to prosecute, the investigating officer and prosecuting lawyer, will have regard to the Code for Crown Prosecutors (opens new window). The Code states that two 'tests' must be passed before a prosecution can commence - the evidential test and the public interest test. A prosecution will not commence unless there is sufficient evidence that an offence has been committed and there is a realistic prospect of conviction. 

4.3 Regard will also be had to:

• The seriousness of the offence together with the actual or potential harm caused
• Whether the matter was pre-meditated
• Failure on the part of the person to comply either in full or in part with the requirements of a statutory notice/ order, FPN for example.
• Previous history of warnings, cautions, commission of similar or identical offences
• Anything which aggravates the circumstances of the offending, such as behaving aggressively towards members of the public or council staff
• Whether there was any intent to deceive
• Due regard will also be given to any explanation or information given by the person about their alleged offending, and their own personal mitigating circumstances