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Court upholds stay of prosecution for breach of planning enforcement notice (Wokingham Borough Council v Scott and others)

Court upholds stay of prosecution for breach of planning enforcement notice (Wokingham Borough Council v Scott and others)
Published on: 15 March 2019
Published by: LexisPSL
  • Court upholds stay of prosecution for breach of planning enforcement notice (Wokingham Borough Council v Scott and others)
  • What are the lessons to be learned from this judgment about making decisions to prosecute?
  • What was the background?
  • What did the Court of Appeal decide?
  • Confiscation order
  • The Code
  • Inducement
  • What are the implications in terms of the prospect of bringing confiscation proceedings and the practical considerations which arise from this?

Article summary

Corporate Crime analysis: John McNamara, barrister at 5 St Andrew’s Hill, examines the Court of Appeal’s decision in Wokingham Borough Council v Scott and others to refuse permission for the local planning authority to appeal against a Crown Court decision to stay criminal proceedings against the respondents. The respondents had failed to comply with an enforcement notice which the applicant had issued requiring the cessation of unauthorised use of land. The court held that, when deciding to prosecute, the applicant had failed to comply with its duties under the Code for Crown Prosecutors (the Code) and might have been influenced by the consideration that it would benefit if the prosecution led to a confiscation order being made under the Proceeds of Crime Act 2002 (POCA 2002). or take a trial to read the full analysis.

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