When to prosecute and when to consider a civil penalty
The same criminal standard of proof is required for a civil penalty as for prosecution.
The Councils will firstly satisfy itself that if the case were to be prosecuted in the magistrates' court, there would be a realistic prospect of conviction.
In order to do so the Councils will consider its own enforcement policy, consult the Crown Prosecution Service Code for Crown Prosecutors' and work closely with legal advisors.
Once satisfied that there would be a realistic prospect of conviction a decision will be taken whether to prosecute or to issue a civil penalty. All decisions will be taken on a case-by-case basis.
The guidance document issued by MHCLG suggests that prosecution may be the most appropriate option where an offence is particularly serious or where the offender has committed similar offences in the past.
It is likely that a civil penalty will be considered as the most appropriate course of action except in the aforementioned circumstances where further consideration will be taken.