Burden of proof for prosecution
The same criminal standard of proof is required for a civil penalty as for a criminal prosecution. This means that before a civil penalty can be imposed, the council will have satisfied itself beyond reasonable doubt that the landlord or manager committed the offence(s) and that if the matter were to be prosecuted in the Magistrates' Court, there would be a realistic prospect of conviction.
In doing this the council will satisfy itself that:
- enforcement is in accordance with the Environment and Regulatory Services Enforcement Policy
- there is sufficient evidence to prove beyond reasonable doubt that the offence was committed by the landlord in question
- the public interest is properly served by imposing a civil penalty
- evidence has been reviewed by a senior manager and where required legal services.