Offences and Prosecution for Breach of an Abatement Notice

Abstract

Local authority prosecutions for breach of an abatement notice invoke the rules of evidence and procedures of the magistrates’ courts acting in their criminal capacity. These rules are more restrictive than those that apply to appeals against abatement notices under section 80(3) of the Environmental Protection Act 1990 (EPA 1990), where the rules and procedures are based on civil law.