Prosecuting under Byelaws?

North Face

How do Local Authoritys like county councils or airport authorities or harbours companies who also have Byelaws prosecute them?

Like prosecuting offence such as parking, dogs or littering?

Do they use the petty sessions act 1851 for initiating cases or other legislations? Just curious any information be greatly appreciated guys.

Local authorities frequently make Bye-Laws in relation to the control of parking, litter and animal control (specifically dog control and control of horses.
Two months before making a Bye-Law, the local authority must publish a notice in a newspaper circulating in the area to which the Bye-Law relates, indicating that it proposes to make the Bye-Law. The public is entitled to inspect the proposed Bye-Law and make submissions about it before it comes into effect.

http://www.citizensinformation.ie/en/government_in_ireland/local_and_regional_government/powers_of_local_authorities.html

Dylan123

Control of Dogs Act, 1986

http://www.irishstatutebook.ie/1986/en/act/pub/0032/index.html

I am unsure they would goto the expense of prosecuting unless:
(1) Serious injury
(2) Death

Did someone get injured or do you just dislike dogs?
Its important to note these tend to be considered in the view on the law as the most trivial in nature and therefore the priority is
low unless either of the two above are met.

You may need to show the following in order to get the Council to prosecute:
(1) Duty of care
(2) Breach of duty of care
(3) Injury/ loss
(4) Causation

Standard of care is low here because:
(1) Probability of accident
(2) Gravity threatened injury
(3) Social utility

Unless its a cross between a great dane and a pitt bull terrier with a few screws lose charging up and down the beach i would say you are wasting your time.

Liability may attach in:
-Negligence
-Nuisance
-Trespass
-Occupiers liability

North Face

Thanks for that. I am curious how they initiate the prosecution.

Is it as a common informer under Petty sessions act (Does a parking warden or dog warden go in front of a district judge?) or do they have different legislation at their disposal?

I am just curious thats all. Thankfully I am not in any bother

Always wondered how prosecution like this works? Is a byelaw that can come with either a fine and or prison time imposed considered a civil or criminal case if brought by a local council?

nuac

With respect to Dylan123 Councils can and do prosecute under Dog COntrol legislation i.e under Section 9 for allowing a dog to be out of control, applicatons under S 22 to have a dangerous dog put down etc.

The various factors and criteria you list are not afaik exhaustively considered. If a dog warden gives evidence that e.g. a number of dogs have been loose in an estate, (s)he does not have to go into a lot of detail re the possible dangers - children being frightened, dog poo about etc etc. Most Judges will convict once ownership of the dog is established.

Re prosecutions under bye-laws generally there is usually a section in the primary legislation stating that a breach of the regulations is an offence.


\local authorities and some other organisations are given statutory powers to prosecute in matters in which they have a functon.

North Face

nuac wrote: »

Re prosecutions under bye-laws generally there is usually a section in the primary legislation stating that a breach of the regulations is an offence.


\local authorities and some other organisations are given statutory powers to prosecute in matters in which they have a functon.

would this include the likes of County/City Councils, DAA, Harbour companies like waterford port or Dun Laoighre harbour?

would they be ones who have powers to prosecute under there different respective byelaws if someone has broke one and offences occured?

Sorry for all the questions guys just always wondered how the process is followed through.

Im guessing its. Offence occurs, Authority applies for summons via District court (Petty sessions act??) then the court sits and decision made?

dermot_sheehan

They don't need to apply for the issuance of a summons via the petty sessions act from the judge, they can apply for one from the clerk (the same way as the gardai) under section 1 of the Courts (No.3 ) Act 1986. This is because s.1(4) of that act provides:

(4) An application for the issue of a summons in relation to an offence may be made to the appropriate office of the District Court by or on behalf of the Attorney General, the Director of Public Prosecutions, a member of the Garda Síochána or any person authorised by or under statute to prosecute the offence.

North Face

An person who authorised in statue would that be a a local authorites legal team on the evidence of litter warden,harbour police etc..??

Are these cases generally criminal or civil cases or does it depend?

dermot_sheehan

A bye laws prosecution is a criminal matter, it's an offence under the Local Government Act 2001 to violate a byelaw

The prosecution is in the name of the Local Authority concerned (which is a body corporate).

A manager's order authorising the institution of proceedings needs to be proven at trial.

North Face

Cheers Dermot your a wealth of knowledge!

By manager do you any manager say over the Traffic/Parking enforcement or like a city manager?

dermot_sheehan

It's the city or county manager,

legal proceedings in the name of the local authority can only be taken with his or her authorisation (s. 153 local government act 2001)

Victor

So the Constitution authorises the Oireactas to make legislation, the Oireactas makes, say, the section 36(1), Road Traffic Act 1994 under which Dublin City Council makes the Dublin City Council Parking Control (Amendment) Bye-Laws 2008. Under section 36(8), Road Traffic Act 2004, it is an offence to breach bye-laws.

Bye-law 5 the Dublin City Council Parking Control (Amendment) Bye-Laws 2008 states:

“agent of the Council” means any person employed by the Council or any other person authorised by the Council to carry out functions under these bye-laws;

and

“authorised person” has the meaning assigned to it by Section 103 (8) (inserted by the Road Traffic Act 1968) (No. 25 of 1968) of the Road Traffic Act, 1961;

So, let us say, North Face (sorry!) parks his car in a pay & display area and a parking warden (duly authorised - how?) puts a fine on his car. North Face ignores this. Under section 1 of the Courts (No.3 ) Act 1986, following a manager's order the council applies for a summons from the relevant district court clerk.

What authorises the manager to prosecute the case? Section 153(b) Local Government Act, 2001?

dermot_sheehan

s. 3 of the Local Authorities (Traffic Wardens) Act 1975 (As amended by s. 12 of the road traffic act 2002)
http://www.irishstatutebook.ie/1975/en/act/pub/0014/sec0003.html

allows a local authority to bring a prosecution for an offences under the Road Traffic Acts in relation to:

(i) an offence under the Road Traffic Acts, 1961 to 2002, relating to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles,

(ii) the offence under section 18 of the Principal Act of contravening article 5 (prohibition of use of vehicles not displaying valid test disc) of the Road Traffic (National Car Test) Regulations, 1999 ( S.I. No. 395 of 1999 ),

(iii) an offence under section 73 of the Finance Act, 1976 ,

(iv) the offence under section 13 of the Roads Act, 1920, of using a vehicle for which a licence under the Finance (Excise Duties) (Vehicles) Act, 1952 , is not in force,

(v) the offence under regulations under the Roads Act, 1920, of not fixing to and exhibiting on a vehicle in the manner prescribed by those regulations of a licence in respect of the vehicle for the time being in force taken out under the Finance (Excise Duties) (Vehicles) Act, 1952 .

s. 153(b) of the local government act merely states that the manager controls the prosecution in the name of the council as if he was prosecuting the case personally.

nuac

North face County Managers usually delegate their various functions including enforcement of various items of legislation to Directors of Services or other officials. Certified copies of the appropriate M,Os so delegating are prima facie evidence under the LGA 2001 s 151(7)

You will find that most bodies set up by statutte have apower to maek bye-laws, and apower to prosecute for breach of them.

If you look thru any busy District COurt list apart from State prosecutions you will see some by local authorities, fishery boards ( before their abolition etc.

North Face

Cheers guys appreciate all the information hugely helpful.

Has it ever happened a custodial sentence be handed down for breach of byelaws or mostly fines issued by a judge?

Victor

North Face wrote: »

Cheers guys appreciate all the information hugely helpful.

Has it ever happened a custodial sentence be handed down for breach of byelaws or mostly fines issued by a judge?

Most bye-laws deal with things at the lower end of the scale. It will tend to be fines, possibly with prison time if the fine isn't paid. In most cases, its a maximum of a few thousand euros of a fine and/or a few months in prison.

However, some things, e.g. speeding at twice the speed limit (purely an example and not a definition) might have a charge of dangerous driving substituted for a speeding charge. The speed limit is set by bye-laws (which is informative, but not absolute), but the bye-laws don't deal with charges of dangerous driving as such.