Pre-Localism Act when someone committed a tree offence they had to be
prosecuted within 6 months of the date of committing the offence. Now the
Localism Act 2011 s126(3) has changed this as below.
(3)In section 210 (penalties for non-compliance with tree preservation
regulations) after subsection (4) insert—
“(4A)Proceedings for an offence under subsection (4) may be brought within
the period of 6 months beginning with the date on which evidence sufficient
in the opinion of the prosecutor to justify the proceedings came to the
prosecutor’s knowledge.
(4B)Subsection (4A) does not authorise the commencement of proceedings for an
offence more than 3 years after the date on which the offence was committed.
So we've moved from prosecuting within 6 months of the commissioning of the
offence to within 6 months of getting sufficient evidence of the offence, as
long as we do so within three years of the commissioning of the offence.
I'd thoroughly recommend Nepal, brilliant.
Charles Bennett
Landscape Architect/Tree Officer
Economic Development
Carlisle City Council
Civic Centre
Carlisle CA3 8QG
Direct Dial: (01228) XXXXXX
Email: charlesb@xxxxxxxxx.gov.uk
While I've not got the slightest intention of adopting this approach any time
soon, could you elaborate on that Charles?
Bill.
PS Trust the Kathmandu trip went well?
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