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Enforcement Policy
The Council's Enforcement Policy sets out how we deal with enforcing
the laws that we have a duty to enforce as a Local Authority.
© Introduction
© Whatis this policy for?
© When does this policy apply?
© Our approach to non-compliance
© Conduct of Investigations
© Decisions on Enforcement Action
© Comments and Complaints
© Appendix1 - Environmental Health Enforcement
© Appendix 2 - Planning Enforcement
© Appendix 3 - Street Scene
Conduct of Investigations
Investigations are subject to controls on how evidence is gathered and used and give a range
of protection to members of the public and potential defendants. Our investigations:
carried out in accordance with the following legislation. They will also be carried out
accordance with any associated guidance or codes of practice, including:
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Police and Criminal Evidence Act 1984
Criminal Procedure and Investigations Act 1996
Regulation of Investigatory Powers Act 2000
Criminal Justice and Police Act 2001
Human Rights Act 1998
We will comply with the requirements of the particular legislation under which we are acting
and any associated guidance or codes of practice.
Where any business has a 'Primary Authority' relationship established with a local authority
regulatory service, our officers will communicate with that service at the earliest
opportunity.
Powers of Officers
Under certain pieces of legislation that we enforce, officers are given particular powers to
carry out certain activities. This includes, for example, sampling; inspection of premises,
land, buildings, goods, equipment, or documents. In certain circumstances, where offences
are suspected or evidence required, legislation gives our officers powers to seize items and
documents. Powers vary depending on the legislation being used.
Obstruction of Officers
The legislation we enforce can include offences of obstructing officers involved in
enforcement activities, and this can include failure to give appropriate assistance in some
circumstances. We will view obstruction as a serious matter.
Occasionally, our officers work with the Police and in some circumstances the Police may
use their powers of arrest. Our officers do not directly have the power of arrest or detention
of persons. Failure to give Council officers appropriate assistance or information may result
in prosecution proceedings in its own right.
Interviews of Potential Defendants and Evidence
Processing
Where a person, company or other legal entity is suspected of breaching legal requirements
and formal action remains under consideration, wherever possible (and relevant) they will:
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© Be formally interviewed in accordance with the Police and Criminal Evidence Act 1984
(Usually, but not exclusively, audio recorded);
© Begiven the opportunity to demonstrate if a statutory defence is available to them;
© Have the opportunity to give an explanation or make any additional comments about
the alleged breach.
Time Limits for Action
Individual pieces of legislation usually stipulate time limits within which prosecutions can
be brought. This is dependent upon the particular piece of legislation. We will seek to
conclude our investigation in a timely manner and advise the potential defendant of the
outcome without undue delay.
Review of Evidence
Before a decision to prosecute is taken, the alleged offence(s) will be fully investigated,
evidence gathered, and a confidential report compiled by the investigating officer that will
include the evidence obtained. This will be reviewed by the appropriate specialist. Cases in
which a prosecution is to be pursued will be reviewed by our Legal Services team. The
prosecution will then be managed through the court system by a member of the Legal
Services team, with other legal representation being appointed or advice sought if required.
Keeping in Touch
Alleged offenders (or their legal representatives) are encouraged to contact the
investigating officer or a member of the Legal Services team if they wish to know the
progress on their investigation. Any person interviewed under caution will be informed in
writing of decisions on enforcement action. The matter should not be considered as
concluded until confirmed in writing, or a court hearing has taken place.
Witnesses will be kept informed of the progress in accordance with our service standards.