When to use a civil penalty
When determining the appropriate sanction, the council will satisfy itself that if the case were to be prosecuted there would be a realistic prospect of a conviction.This is determined by adhering to the code for Crown Prosecutors.The code requires two tests to be applied:
- the evidential test; and
- the public interest test
Regulatory services will use a flow diagram (Appendix 2) to assist with the decision making on whether to apply a civil penalty or to proceed with to prosecution.