• Local Government Investigatory Powers: Introduction to Evidence Gathering and Court Practice

• Snooping/Human Rights:

3 hours CPD each

Objective:

To provide a general introduction to local authority prosecutions for lawyers and enforcement officers.

Length:

half day

Level:

introductory / intermediate

Outline of course:

• • gathering the evidence, including interviewing suspects
  • burden and standard of proof in criminal proceedings, including the defendant's duty to establish a "due diligence" defence
  • use of hearsay evidence
  • criminal procedure, including the disclosure of unused material
  • the right to a fair trial under Article 6, European Convention of Human Rights
  • sentencing hearings
  • asking for costs

• Legal Implications of Drains and Sewers:

6 hours CPD

Objective:

To provide lawyers and EHOs with a practical grounding in the legal issues surrounding drains and sewers.

Length:

full day

Level:

introductory / intermediate

Outline of course:

• • problems associated with drains and sewers
  • what is a sewer - what is a drain? Legislation and cases
  • public and private sewers: the question of ownership and implications
  • maintenance of drains and sewers and powers available to local authorities and limitations
  • Flooding from public sewers - liabilities
  • current developments and proposals

• Health and Safety at Work: Investigation and Prosecution

6 hours CPD

Objective:

To provide lawyers and EHOs acting for the local authority or for defendants with a practical grounding in health and safety investigation and litigation.

Length:

full day

Level:

introductory / intermediate

Outline of course:

• • inspectors' powers of entry and investigation
  • interviewing witnesses and suspects under HASAWA contrasted with PACE
  • liabilities and duties of care
  • enforcement policy and decision to prosecute
  • formal cautions
  • notebooks
  • notices and appeals against them
  • advance disclosure
  • costs
  • groupwork based on a scenario of a fatal accident: 'Dizzyclean'

• Food Safety Act Litigation

6 hours CPD

Objective:

To provide lawyers and EHOs acting for the local authority or defendants with a practical grounding in food safety litigation.

Length:

full day

Level:

introductory / intermediate

Outline of course:

• • review of relevant legislation and offences
  • codes of practice
  • powers of inspection and obstruction
  • gathering evidence
  • PACE interviews and witness statements
  • expert witnesses
  • problems with prosecuting companies
  • notices and emergency provisions
  • the decision to prosecute
  • whom to prosecute
  • formal cautions
  • problems with service
  • due diligence defences
  • advance disclosure
  • costs
  • court scenario: examination-in-chief and cross-examination of local authority officer

• Legal Aspects of Housing Repairs and Nuisance

6 hours CPD

Objective:

To provide lawyers, environmental health and housing officers with a fuller understanding of the notice procedures provided by Environmental Protection Act 1990 on premises and Housing Act 1985. The focus will be on appeals against notices, criminal proceedings for breach of notices, preparation for court and the collection of evidence.

Length:

full day

Level:

introductory / intermediate

Outline of course:

• • review of EPA notices regarding premises
  • meaning of prejudice to health and nuisance
  • review of Housing Act repairs notices
  • review of Housing Act execution of works notices
  • notice requirements
  • service issues
  • appeals against notices
  • prosecution policy and decision to prosecute
  • case preparation
  • giving evidence in court
  • evidential issues
  • advance disclosure
  • group exercise

• Contaminated Land: The Legal Implications

6 hours CPD

Objective:

To provide those responsible for implementing the contaminated land regime and those who may be liable to clean-up with information and advice about the legal implications.

Length:

full day

Level:

intermediate / advanced

Outline of course:

• • use of government guidance
  • duties and powers of enforcing authorities
  • meaning of "significant harm" and "remediation"
  • consultation requirements
  • notification and designation of contaminated land
  • identifying remediation steps
  • use of cost benefit analysis
  • use of risk assessment
  • liability groups
  • apportioning liabilities
  • apportioning costs
  • service of notices
  • appeals
  • group exercises

• Statutory Nuisance Litigation

6 hours CPD

Objective:

To provide lawyers and EHOs acting for the local authority or defendants with a practical grounding in statutory nuisance litigation.

Length:

full day

Level:

introductory / intermediate

Outline of course:

• • review of relevant legislation and offences
  • abatement notices - types and problems
  • service of notices
  • appeals against notices
  • drafting issues
  • decision to prosecute
  • formal cautions
  • best practicable means defences
  • section 82 proceedings
  • injunctions
  • judicial review and human rights
  • costs
  • advance disclosure
  • expert evidence
  • analysis of evidence
  • group exercises