Training course

Online - Planning Enforcement Prosecutions

Date:
17 March 2022
Time:
09:30 - 14:30
Venue:
Online
CPD
4
Speaker:
Address:

Online

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This practical course explores the key features of the law and practice relating to local authority planning prosecutions and enforcement. Providing a solid understanding of local government criminal litigation and magistrates’ court process, the course will include tips for best practice in case management, evidence review, identification of criminal offences and proceeding with a planning enforcement prosecution.

Audience

This course is aimed at anyone new to or requiring a refresher in local authority planning enforcement prosecutions and who wishes to understand how best to prepare a file for a magistrates’ court; gain an understanding of the relevant statutory and criminal procedural rules; develop their advocacy skills; and increase their confidence in advising a range of in-house client departments.

Content

Session 1: Evidence file review

  • Local Government Act 1972 - delegation/authorisation/constitution
  • Criminal Procedure and Investigations Act 1996: disclosure
  • Criminal Justice Act 2003: witness evidence
  • PACE - code of practice

Session 2: Decision to proceed with a prosecution

  • CPS Code: two-fold test
  • Legislative and Regulatory Reform Act 2006: Enforcement Policy
  • Criminal Procedure Rules/Criminal Practice Directions (latest version October 2020) - summons/information requirement
  • Case study: offences and defences under the Town and Country Planning Act 1990
  • Point to account - time bar
  • Primary authority requirements

Session 3: Magistrates’ court hearing

  • Case study and discussion: Building Regulations
  • Criminal Procedure Rules: preparation prior to hearings
  • Magistrates’ Court Act 1980: various hearings
  • Preparation for summary/either way offence, guilty/not guilty plea
  • Out of court disposals, plea equivocal, additional court orders

Session 4: Advocacy

  • Advocacy tips
  • Sentencing guidelines and prosecution/defence cost application
  • Tips in dealing with court staff/clerks/duty solicitors/defence lawyers/interpreters
  • Do's and don'ts of case presentation

Online - Planning Enforcement Prosecutions

17 March 2022 | 09:30 - 14:30

£199 +VAT

Book today

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