Prosecution
When considering whether or not to prosecute we will determine if there is sufficient evidence to prove the case and whether the intended action is ‘in the public interest’.
The final decision to initiate Court proceedings will be taken by the appropriately delegated service manager following a case review. Prosecution action is taken on the behalf of the public at large and not just in the interest of any particular individual or group. However, when considering
the public interest test, the consequences to those affected by the offence, and any views expressed by those affected will, where appropriate, be taken into account when making enforcement decisions.
As soon as the decision to prosecute has been made the investigating officer will instruct the Council’s appointed Solicitors to commence proceedings.
Court Injunction
In certain circumstances, for example where offenders are repeatedly found guilty of similar offences, injunctions may be used as an enforcement measure to deal with offenders or dangerous circumstances.
Proceeds of Crime Applications
Applications may be made under the Proceeds of Crime Act for confiscation of assets in serious cases. Their purpose is to recover the financial benefit that the offender has obtained from the criminal conduct. Proceedings are conducted according to the civil standard of proof. Applications are made after a conviction has been secured.