Private Sector Housing Enforcement Policy 2024

12.1 When making a decision to prosecute, the Council must first be satisfied that there is sufficient, admissible and reliable evidence that an offence has been committed by an identifiable individual(s) or company and that there is a realistic approach of conviction.

12.2 Where there is a breach of a notice or an order the officer must investigate the offence and take into consideration; Any reasonable explanation provided, any mitigating evidence, an individual's state of health and the offenders' attitude of the offence. The investigation of the offence will involve inviting the relevant people in for an interview to be conducted under caution, in accordance with the relevant parts of the Police and Criminal Evidence Act 1984.

12.3 The criminal standard of burden of proof, 'beyond reasonable doubt', must be met and evidenced in the officers' prosecution file. In addition, it must be considered in the public interest to prosecute.

12.4 Prosecutions will be brought without unavoidable delay.