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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
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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

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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

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