Doncaster Council

Factors Considered Before Deciding to Prosecute

• The seriousness of the alleged offence.
• The previous history of the party concerned, including the response to advice or other enforcement action.
• Is there a known defence in law, e.g. "due diligence"
• The ability and willingness of important witnesses.
• The probable public benefit of prosecution and the importance of the case,
  e.g. Establishment of legal precedent.
• Whether other action is more appropriate and effective, e.g. formal cautions or the service of formal notices.
• Any explanation offered by the party concerned.
• The willingness of the party to prevent a recurrence of the problem.
• The offender's age and state of health.     

Circumstances where prosecution rather than other forms of action is most appropriate:-

• Where there is blatant disregard for the law, particularly where the economic advantages of breaking the law are substantial and the law-abiding are placed at a disadvantage to those who disregard it.
• Where there appears to have been a reckless disregard for the health and safety of persons likely to be affected.
• Where there have been repeated breaches of legal requirements in establishments, or in various branches of a multiple concern, and it appears that management is neither willing nor so structured to deal adequately with these.
• Where a particular type of offence is prevalent in an industry or area.
• Where there has been a serious accident or a case of disease arising from a substantial legal contravention.
• Where a particular transgression has caused serious public harm.
• Where there are persistently or particularly poor standards for control of health hazards.
• Where it may be in the public interest to test the interpretation of a particular part of legislation.
• In such other circumstances as the Elected Members may from time to time direct.     

Legal Proceedings

• Prosecutions should be brought without necessary delay.
• All legal proceedings are subject to the requirements of the Police and Criminal Evidence Act 1984 and Code of Practice made under Section 66 of that Act. They are all subject to The Criminal Procedure and Investigations Act 1996. Reference should be made to these by the Department, especially in relation to the procedures for gathering evidence.
• In all cases for prosecution, the Code for Crown Prosecutors will be taken into consideration.