Local authority prosecution powers

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Local authority prosecution powers

Section 222 of the Local Government Act 1972 (LGA 1972) gives local authorities power to prosecute criminal offences investigated by their own departments.

Potential defendants may include:

  1. •

    companies

  2. •

    limited liability partnerships (LLPs)

  3. •

    partnerships

  4. •

    sole traders

  5. •

    unincorporated associations, eg clubs

  6. •

    individuals

An investigating officer will need to establish evidence of:

  1. •

    the identity of the offender

  2. •

    the nature of the act

  3. •

    any knowledge, intention or recklessness required

Consideration should also be given to any possible defences which might be raised at trial eg due diligence, since the legal burden of disproving a defence will be on the prosecution.

The following Practice Notes may also be of assistance in relation to local authority investigations, enforcement powers and specific regulatory regimes:

Core local authority powers to prosecute and investigate criminal offences

Practice Note: Local authority investigations explains the powers given to local authorities to investigate criminal offences under LGA 1972. The scope of enforcement powers available to local authorities is also considered. The Practice Note also includes evidential issues that may arise,

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