Local authority prosecution powers

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.

Practice Note: Local authority investigations explains the powers given to local authorities to investigate criminal offences under the LGA 1972. The scope of enforcement powers available to local authorities is also considered. The Practice Note also includes evidential issues that may arise, how evidence is gathered, the taking and the format of witness statements, interviewing suspects, interviewing a corporate body and the decision to prosecute.

Investigators—checklist highlights some key questions and issues which