Training course

Preparation for Prosecution Cases

15 September 2017
10:00 - 16:30
DAC Beachcroft LLP, London
  • Pauline Campbell - Senior Lawyer – General Litigation – Legal, HR & Regulatory Services

100 Fetter Lane, London, EC4A 1BN

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The course focuses on the key factors that should be considered in the process of carrying out investigations, which could ultimately lead to a prosecution and possible pitfalls that could result in the collapse of a prosecution case. The advantage to this training session is that it is geared towards all local authority enforcement officers from all disciplines, including but not limited to trading standards, environmental health, planning, private sector housing, and pollution and noise enforcement officers, tree preservation officers and education.

It is also suitable for new lawyers dealing with prosecutions for the first time, as well as a refresher for local authority prosecuting lawyers.

It examines:

  • The starting point for any Enforcement action and the importance of the need for officers to have a clear understanding of their own Enforcement Policy and why this is important.
  • How officers can progress cases in the light of loss of expertise due to reduced funding and voluntary redundancies.
  • How to deal with vexatious and difficult complainants, providing useful tips in this difficult area.
  • The importance of ensuring appropriate delegated authority.
  • Avoiding the trap of creating a “Legitimate Expectation”, (A promise) during the investigation process,” which could lead to a loss of a prosecution case.
  • An understanding of the Evidential Tests:
    • Stage One – Evidential Test – Here the course will examine the importance of gathering evidence, the importance of exhibits & seizures and the need to ensure procedures are followed to the letter in accordance with the relevant legislation to avoid possible technical defences at the prosecution stage. Also look at when a caution should be administered and the importance of the caution.
    • Stage Two – Public Interest - Here officers will be asked to consider the need for assessing whether or not a case is actually suitable for prosecution. We will identify other possible remedies/penalties that could be considered in accordance with the public interest test.
  • Disclosure – Officers need to understand the key principles of Disclosure, so practical guidance on this topic will be provided.
  • Costs- Investigation costs are a very contentious area when we get to court officers need to be clear on all costs charged within an investigation as well as hourly rate charged for any investigation undertaken.
  • Brexit – A brief overview of Brexit and what effect this is likely to have in the short-term.

Speaker: Pauline Campbell, Senior Lawyer for Hackney Council

Her Criminal Litigation Team won LLG Lawyer Team of the Year in 2016.

Pauline was also runner up for the LLG legal professional of the Year 2016

Her Litigation Team have been shortlisted as Litigation Team of the Year in the Solicitors Journal Awards 2017.

Preparation for Prosecution Cases

15 September 2017 | 10:00 - 16:30

£215 +VAT

Book today

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