TPO tree taken down with out consent

[john k]

It's actually a maximum of £20,000 in the Magistrates Court. If it gets to the Crown Court it's unlimited though and the court can take into account any financial benefit which has resulted, or is likely to result, from the offence without needing to use any other legislation.

[Jon Heuch]

Trust me, in a Magistrates Court the fine is now unlimited, both for damage which formerly had a limit of £2,500, and destruction which formerly had a limit of £20,000. I agree the Court can take account of the financial gain when setting the fine but, in my experience, rarely do. Ed

 

Indeed the delightly named THE LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS ACT 2012 (FINES ON SUMMARY CONVICTION) REGULATIONS 2015 which mobilises the relevant parts of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 will tell you all........NOT!

 

It's terrible stuff. Wait until someone who knows what they are talking about distils it into plain old English.

 

However, what it is useful for, is working out which Council website/expert/lawyer/arborist is up to date and which are not.

 

Jon

[daltontrees]

Indeed the delightly named THE LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS ACT 2012 (FINES ON SUMMARY CONVICTION) REGULATIONS 2015 which mobilises the relevant parts of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 will tell you all........NOT!

 

It's terrible stuff. Wait until someone who knows what they are talking about distils it into plain old English.

 

However, what it is useful for, is working out which Council website/expert/lawyer/arborist is up to date and which are not.

 

Jon

 

The Act still limits the fine on summary conviction. It's fines on indictment that are unlimited. The fines on summary convition are further subdivided into those that cause or are likely to cause destruction of the tree and those lesser offences such as topping or lopping.

 

Whoever distils it into English will have to distil it into Scots too, because we have different legislation, we have sherrifs instead of magistrates, procurators fiscal instead of crown prosecutors etc. etc.

[Gary Prentice]

Trust me, in a Magistrates Court the fine is now unlimited, both for damage which formerly had a limit of £2,500, and destruction which formerly had a limit of £20,000. I agree the Court can take account of the financial gain when setting the fine but, in my experience, rarely do.

 

Ed

 

Is this a recent change? I seem to recall reading something recently on UKTC about some changes but I forget

 

The other fines I was talking was, I think, separate to the criminal act of felling/killing a TPO'd tree. I think it was used when a landlordcaused the death of a yew to get off road parking, which meant he could convert a house to student accomadation. The proceeds of the crime was the property became of higher value (£60,00 IIRC) and he was fined accordingly - separate levy than the TPO offence.

[Gary Prentice]

The Act still limits the fine on summary conviction. It's fines on indictment that are unlimited. The fines on summary convition are further subdivided into those that cause or are likely to cause destruction of the tree and those lesser offences such as topping or lopping.

 

Whoever distils it into English will have to distil it into Scots too, because we have different legislation, we have sherrifs instead of magistrates, procurators fiscal instead of crown prosecutors etc. etc.

 

What's the difference between summary conviction and an indictment? Sorry, I'm being lazy:biggrin:

[daltontrees]

Hi Jules

 

The clue is in the title of the Regulations. THE LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS ACT 2012 (FINES ON SUMMARY CONVICTION) REGULATIONS 2015

 

I believe it is to do with equality and giving Magistrates the powers to impose a punishment that fits the crime.

 

It applies to a lot of other offences as well.

 

Ed

 

That was the point I was making to Jon Heuch, the Regulations only apply to Summary Convictions, so there's no point looking there for proof that fines can be unlimited. The lack of upper limit for fines comes from the Act, and can only arise from Indictment. Regardless what the Regulations say, the Act still limits penalties for Summary Conviction. It's a lot simpler than everyone seems to think.

[daltontrees]

What's the difference between summary conviction and an indictment? Sorry, I'm being lazy:biggrin:

 

So am I.

[daltontrees]

Seriousness. Everything heard by High Court (or english Crown Court) is indictment. Magistrates/Sherrifs/Justices of Peace can hear cases on indictment, but more usually deal with lesser crimes by summary conviction following pleadings. I've never understood it properly, because I've never seen it explained well enough.

[Gary Prentice]

Thank you.

[ecotreecare]

We have this on our T&C's

 

TREE PRESERVATION ORDERS AND CONSERVATION AREAS

 

The trees in the contract may be protected by the local or regional authority. Where it is necessary to obtain consents from the relevant authorities, it will remain the responsibility of the tree owner, unless Eco Tree Care Ltd is authorised by the owners to carry out this service in the contract.