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TPO tree taken down with out consent


jimthedog
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I have no experience of council tree officers, but I have of council officers in general, first thing you need to do is ask others in your game you can trust if they have had dealings with the tree officer in question, and see what kind of person they are, maybe if he / she is a real world person, a come clean type of approach might yield the desired result, on the other hand they might be a right little hitler and love the fact you came clean and throw you to the wolves anyway. If they are the latter, keep a low profile, but just keeping a low profile for the sake of it is no good, you'll be waiting for a knock on the door all the time, better to find out the score and see what you can get away with. If you could coax the customer in to giving you back the invoice, then no one can prove you did the work!

 

 

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Whats this "caution" people keep speaking of????

 

Are TO's now police officers?? does it count as conviction as in the case of a police caution??

 

I would image its more a case of a warning letter, which states that they believe you have committed an offence and they are not on this occasion going to attempt to prosecute, but any further offence would be pursued, in which case its nothing like a "caution".

 

No mate, its a caution. The police are not the prosecuting agency on behalf of CPS for TPO's, the council are. So they issue the caution. If you attend the interviews at the council office they are conducted under caution same as the police do in accordance with the police and criminal evidence act 1984. The PACE book will be sitting on the table, they will be recorded and you will be read your rights at they beginning.

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No mate, its a caution. The police are not the prosecuting agency on behalf of CPS for TPO's, the council are. So they issue the caution. If you attend the interviews at the council office they are conducted under caution same as the police do in accordance with the police and criminal evidence act 1984. The PACE book will be sitting on the table, they will be recorded and you will be read your rights at they beginning.

 

Yes you will be cautioned before interview if you chose to attend, but can they "issue" a caution in the same way as the police???

 

When the police issue a cause its the same as a conviction and goes on your record, as you have admitted gilt.

 

When you are interviews by the police "under" caution its very different to be "given" a caution.

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Yes you will be cautioned before interview if you chose to attend, but can they "issue" a caution in the same way as the police???

 

When the police issue a cause its the same as a conviction and goes on your record, as you have admitted gilt.

 

When you are interviews by the police "under" caution its very different to be "given" a caution.

 

Its supposed to be the same, it has the same legal heading on the letter. Cautions are destroyed for uk purposes after a few years under rehabilitation of minor offenders act but they stay on file and pop up if you go to work abroad or something like that. The council cautions don't go on the database in my experience just stay on file at the office. So not gonna pop up years later or if you do an unrelated crime that the police look into.

 

They are the same though as if the council offer a caution and it is refused they must be in a position to prosecute. If they have a weak case which is unenforceable they cannot issue a caution as a lesser penalty as if the defendant refused they would have to prosecute. In that case they would issue a letter of warning.

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Whats this "caution" people keep speaking of????

 

Are TO's now police officers?? does it count as conviction as in the case of a police caution??

 

I would image its more a case of a warning letter, which states that they believe you have committed an offence and they are not on this occasion going to attempt to prosecute, but any further offence would be pursued, in which case its nothing like a "caution".

 

It is a caution, and it's nothing to do with the TO but the enforcement team, basically you sigh an official council letter "the caution" and if you cock up again they take you too court. Begging with the TO won't do alot of good as it's in the hands of the enforcement team.

 

I know as I came v close to getting shafted by a lieing client!

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Whats this "caution" people keep speaking of????

 

Are TO's now police officers?? does it count as conviction as in the case of a police caution??

 

I would image its more a case of a warning letter, which states that they believe you have committed an offence and they are not on this occasion going to attempt to prosecute, but any further offence would be pursued, in which case its nothing like a "caution".

 

True, 'caution' was the wrong word, perhaps 'let it go this time' would have been better.

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True, 'caution' was the wrong word, perhaps 'let it go this time' would have been better.

 

No it is a caution probably worse than a police one because there is no time limit on it,my main point was that this councils policy was always to caution contractors but not householders which is against what the legislation states with regards to joint responsibility.This tree officer stated that he has given out many cautions to contractors but few to householders.

We have a local council where you can go online put in the post code house number and it tells you where the nearest TPO or Conservation area is in metres,fantastic this should be the 'British Standard' for all local authorities .

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