The range of enforcement options available are set out in the following.
Indirect action
Including referral to another authority or agency for information or action.
Verbal warning
A verbal warning may be used where the offender complies with the direction they have been given but are resistant to the rationale behind it. The offender should be aware of the possible seriousness of the offence and that they have been warned as to their future conduct and that repeating the behaviour may lead to more serious consequences.
Where a verbal warning has been given the details of the offender should be recorded and stored in accordance with the Data Protection Act 1998. Should an offender show any signs of violence or aggression then the verbal warning shall be confirmed by a written warning.
Written warnings
Written warnings can be used where
- a verbal warning or relevant advice has been previously given but ignored and/or the offence has continued or repeated
- it is not possible to make contact with the offender in person, e.g. if it is a company and the warning is to the director(s)
- the offender is known to be violent or aggressive
- English is not the offender’s first language
Simple caution
In cases where it is deemed that the offence is continual but not persistent or a moderately high serious nature, to deal with the offender quickly and simply avoiding unnecessary appearances in criminal courts, a simple caution may be appropriate.
A caution is an admission of guilt, but it is not a form of sentence, nor is it a criminal conviction – although it may be cited in court in certain circumstances. A record of the caution will be sent to the Office of Fair Trading and to other bodies that are required to be notified.
Fixed Penalty Notices
A Fixed Penalty Notice (FPN) will be issued to persons who are alleged to have committed an offence where a prosecution is not appropriate.
This gives the alleged offender the opportunity of discharging any liability to conviction for any offence by payment of a FPN. It is essential for the issuing of a FPN that the authorised officer collects adequate evidence to support any legal proceedings if the notice is returned unpaid.
Prosecution
A prosecution will only be undertaken for persistent non-compliance and/or of a serious nature when the evidence passes the ‘Evidential Test’ and when it is in the public interest to do so. Dorset Council Waste Services will have regard to the Crown Prosecution Service Code of Practice which is available at: LINK DOES NOT WORK
Prosecution is more likely when:
- harm to the local amenity or environment or threat to public safety has occurred
- the offender has deliberately set out to cause harm or deceive
- there is a history or pattern of offending
- the offender has previously been formally cautioned for similar offences
- it is in the public interest to take formal action
- there has been no genuine mistake or misunderstanding
Where it is necessary to carry out a full investigation, the case will be progressed without undue delay.
All investigations into alleged breaches of legislation will be conducted in compliance with statutory powers and all other relevant legislation (and relevant Codes of Practice), including the requirements of:
- Police and Criminal Evidence Act (PACE)
- Criminal Procedure and Investigations Act (CPIA)
- Regulation of Investigatory Powers Act (RIPA)
- Human Rights Act (HRA)
As part of the investigation process, persons suspected of breaching legal requirements will, wherever possible:
- be formally interviewed in accordance with PACE
- be given the opportunity to demonstrate that a statutory defence is available
- have the opportunity to give an explanation or make any additional comments about the alleged breach
Before a decision to prosecute is taken, the alleged offence(s) will be:
- fully investigated including legal review and advice
- a report compiled by the Investigating Officer
- the file reviewed by a member of the Senior Manager Team (SMT)
- the decision to prosecute approved by SMT
Dorset Council Waste Services will take into account the views of any victim, injured party or relevant person to establish the nature and extent of the offence including potential harm and loss and its significance in making the decision to take formal action.