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Sanctions Available to the Council

Prosecution via the court system - The Local Government Act 1972, gives the Council power to take Criminal enforcement actions as necessary to secure compliance with legislation. Ancillary powers are also given to Local Authorities through various legislations contained within this policy, including civil enforcement.

 

The use of the criminal process to institute a prosecution is an important part of enforcement. It aims to punish wrongdoing, to avoid a recurrence and to act as a deterrent to others.

The Council and its officers will consider relevant factors in deciding whether or not to prosecute. These include, for example: -

 

  • the environmental effect of the offence;

  • the impact on public health and safety;

  • the foreseeability of the offence or the circumstances leading to it;

  • the intent of the offender, individually and/or corporately;

  • the history of offending;

  • the attitude of the offender;

  • the deterrent effect of a prosecution, on the offender and others;

  • the personal circumstances of the offender;

the alternative of a fixed penalty charge, where available.

The factors are not exhaustive and those that apply will depend on the particular circumstances of each case. Deciding on the public interest is not simply a matter of adding up the number of factors on each side. The Council will decide how important each factor is in the circumstances of each case and go on to make an overall assessment.

 

 

For Council Tax Reduction and Council Tax sanctions see Theft, Fraud and Corruption

 

Internal Disciplinary Procedures

Members - Any information concerning suspected fraud or corruption involving an Elected Member must be referred to the Monitoring Officer, who will decide upon the most appropriate method of investigation.

Updated: 27 Mar 2019
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