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Environmental Enforcement Policy

Fixed Penalty Notices, formal caution, prosecution

Information on Fixed Penalty Notices, formal caution and prosecution.

Fixed Penalty Notices

6.4.2 Fixed Penalty Notices will be issued under specific legislation. If a fixed penalty is not paid within the prescribed period then prosecution will normally be the next course of action.

6.4.3 The following circumstances are likely to warrant the use of a fixed penalty:

  • an enforcement officer has witnessed an offence
  • an enforcement officer believes that there are reasonable grounds that an offence has been committed
  • there is a suitable witness or witnesses to the offence and the offender can be clearly identified
  • the alleged offender has not previously received a fixed penalty notice for the same offence.

Formal caution


6.4.4 Formal Cautions may be considered as an alternative to prosecution. According to
the Home Office Circular 18/1994, the purpose of a formal caution is to:

  • deal quickly and simply with less serious offences
  • divert less serious offences away from the courts
  • to reduce the likelihood of repeat offences.

Prosecution

6.4.5 Where the circumstances warrant it and alternative actions such as informal action are considered inappropriate, considerations for prosecution taken into account will be:

  • flagrant Breach of Law - When an offence has been committed where the environment has been affected failure to comply with a Statutory Notice - When officers have issued notices combined with recommendations and advice but offences persist
  • failure to pay or accept a Fixed Penalty Notice (FPN)
  • when an authorised officer is deliberately obstructed from carrying out their duties.

6.5 When circumstances have been identified warranting prosecution, all details regarding the incident will be considered in a consistent, fair and objective manner. Any decisions will be made in conjunction with the Enforcement Manager and the Council's Legal department.

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