Local authorities have the ability to bring a private criminal prosecution in relation to offences relating to trees.
For example, where a local planning authority has reason to believe that a tree protected by a tree preservation order has been cut or felled without the requisite permission or exemption, they can investigate and charge the defendant and pursue a criminal claim.
This is likely to start with the planning authority calling the potential defendant in for an interview under caution. To put to them the evidence that they have in relation to the incident and to take the defendant’s response and their side of the story.
If the evidence is such that the planning authority feel that they have a good chance of succeeding in a prosecution and that prosecution is felt to be in the public’s interest, they can lay a charge at Court and begin the prosecution.
In years gone by this was perhaps not something that was done very often. Any legal procedure is expensive and time consuming. However planning authorities, particularly in relation to claim for alleged illegal felling of protected trees, are more and more focused on bringing these prosecutions. Showing that these laws are not to be broken on their watch.
Tree Law represented a client in a criminal prosecution for the causing/permitting of the felling of a TPO protected Lime tree. That trial went ahead in January and the finding was in favour of our planning authority client. That is in the process of being appealed to the Crown Court by the Defendant.
A full debrief of what happened, what the outcome was and lessons to apply to future cases will be provided once the case is over.
Check out how we can help with private prosecutions – Tree Crime | Tree Law – Legal tree expert
