Our attitude towards prosecution

 

We recognise that prosecution is only a means to an end (the desired end being compliance with all legal requirements by all individuals residing and businesses trading, within the Vale of Glamorgan) and that this end may be achieved by other means than prosecution.

 

Businesses and individuals may fail to comply with legal requirements for a number of reasons, including:

  • Lack of awareness of legislation
  • Erroneous interpretation of legislation / failure to appreciate its practical

 

Implications for the business or individual:

  • Inadequate implementation of measures necessary to comply
  • Accident / oversight / mistake

 

These circumstances may arise despite an individual's or business's best efforts or may occur because they fail to make sufficient effort. Alternatively, a business may deliberately attempt to exploit a legal ambiguity or a 'margin of tolerance', or it may consciously break the law to cheat its customers or to gain an advantage over its competitors.

 

A range of options will therefore be considered when legal requirements are breached, including:

  • Advice
  • Statutory Notice
  • Informal caution / written warning
  • Formal (Home Office) caution
  • Prosecution
  • Forfeiture
  • Injunction

 

No informal caution / written warning will be entertained unless there is reliable evidence to support an assertion of offending.

 

No formal caution or prosecution will be entertained unless there is admissible evidence of sufficient weight to suggest that a court would be more likely than not to convict, and there are no statutory bars (e.g. in relation to time limits or statutory notices).

 

Guidance on the general criteria to be considered with respect to evidence is given in Appendix A.

 

Prosecution or other formal action will have no effect on a business or individual that is already doing all they reasonably can to comply with itheir legal obligations. It may, indeed, cause resentment, which in the long term is counterproductive to our aims. We will therefore not prosecute in such cases.

 

In other cases, prosecution or other formal action may act as a spur to improvement and may alert and motivate others whose standards are not the highest. In cases of deliberate 'intent' prosecution may be necessary to punish. In such instances we will consider prosecution.

 

When prosecution or other formal action is considered, the case will be objectively and impartially judged on its merits. We will assess the circumstances and the evidence separately in relation to each potential defendant and each alleged offence, having due regard to mitigating factors and any evidence pointing towards a statutory (or other) defence.

 

If a prosecution or other legal proceedings are initiated, allegations will be selected which adequately reflect the seriousness of the offending and give the court adequate sentencing power, but which do not overburden the administrative process or make the case unnecessarily complex. (The same considerations will be taken into account if the original allegations are modified in negotiation with the defence prior to trial).

 

Appendix B contains some specific criteria which will be taken into account whenever a prosecution or other legal proceedings are contemplated, to ensure that such an action is brought only where it is appropriate to do so and to ensure consistency in the decision making process.

 

If, during the course of the legal action process, new information becomes available or the defendant's circumstances alter, a re-assessment of the course of action will be made and, if necessary, a prosecution withdrawn or a different allegation substituted.

 

This policy will be reviewed on at least on at least an annual basis. This review will look at such issues as legislative change and the effectiveness of the policy.