Jump to content

Log in or register to remove this advert

  • 0

A great reason to seek Qualified advice


Yorkshireman
 Share

Question

Recommended Posts

Log in or register to remove this advert

  • 0
Max fine normally £20k without this legislation Felix, so I reckon you're bang on the money, excuse the pun.

 

There is no limit on fines on indictment, only on summary conviction. The case was referred from Magistrates Court to Crown Court for sentencing, I don't know if it is strictly true but this may have taken it from summary conviction to indictment. I think the Proceeds of Crime Act would have been invoked to calculate the "amount equal to the defendant’s benefit from the conduct concerned" and to secure it by a Confiscation Order. The Planning Acts don't seem to have a definition of how unlimited fines should be calculated. Even if it was a summary conviction the Proceeds of Crime Act could be used? I am speculating...

Edited by daltontrees
Link to comment
Share on other sites

  • 0
There's quite a few other reports available via google.

 

This one's quite good -

 

Chester man fined £28,000 for damaging a tree | Cheshire Today - News, Sport and Fashion - www.cheshire-today.co.uk

 

Be interesting to read the Court transcript of the case when it becomes available.

 

Sent from my BlackBerry 9700 using Tapatalk

 

 

That report makes better sense of it doesn't it. The transcript should be available now if you applied to the court; it's a public document.

 

 

Jon

Link to comment
Share on other sites

  • 0
That report makes better sense of it doesn't it. The transcript should be available now if you applied to the court; it's a public document.

 

 

Jon

 

 

Yeah, I think that might be the route. I've been on BAILII, but can't find anything on there.

 

 

Sent from my BlackBerry 9700 using Tapatalk

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  •  

  • Featured Adverts

About

Arbtalk.co.uk is a hub for the arboriculture industry in the UK.  
If you're just starting out and you need business, equipment, tech or training support you're in the right place.  If you've done it, made it, got a van load of oily t-shirts and have decided to give something back by sharing your knowledge or wisdom,  then you're welcome too.
If you would like to contribute to making this industry more effective and safe then welcome.
Just like a living tree, it'll always be a work in progress.
Please have a look around, sign up, share and contribute the best you have.

See you inside.

The Arbtalk Team

Follow us

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.