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Legal Competence in Environmental Health

T. Moran

ISBN13: 9780419230007
ISBN: 0419230009
Published: March 1999
Publisher: Taylor & Francis
Country of Publication: UK
Format: Hardback
Price: £140.00



This is a Print On Demand Title.

The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

More than ever before the work of the environmental health professional is subject to scrutiny, particularly in the area of the law. Environmental Health Officers must have a fundamental understanding of the law and how it is implemented.

Legal Competence in Environmental Health assists the environmental health professional in understanding the operation of English law and navigating through some of its complexities. It covers those aspects of the work for the environmental health professional which are regulated by legal principles but not found in a single statute. This book is not an exposition of all Environmental Health law, it is designed to indicate how that law may be applied, emphasising those skills and attributes which are essential if the theory of law is to be put into professional practice.

It examines powers of environmental health professionals; offers practical advice on legal options available to environmental health professionals; illustrated with examples of standard forms.

Subjects:
Environmental Law, Health and Safety
Contents:
Sources of law. Legislation. Contents of an act of parliament. Delegated legislation. Finding legislation. Aids to statutory interpretation. Judicial precedent. The layout of a law report. Finding a law report. The hierarchy of the courts. The application of judicial precedent. European Union law. Other sources of law. Basic criminal law. An outline of criminal liability. Proof. Criminal liability. Offences of strict liability. Defences to strict liability offences. Powers of entry. Entry onto land. Common law and statutory entry. Features of the power of entry. Of the person authorised to enter. Warrants. Obstruction. Trespass ab initio. Individual details of power of entry. Investigation in the criminal law. Preparation. Notebooks. Memory refreshing. Details to be recorded. Inspection sheets. Records kept by the public. Portable tape recorders. Points to prove. Police and Criminal Evidence Act 1984. History. Application. Codes of Practice. Code B. Code C. Principles of investigative interviewing. Code E. Statements. What is a statement? Witness statements. Format of a statement. Editing of statements. Exhibits. Other statements. Photographs. Enforcement policy. Enforcement styles. The criminality of the environmental health offence. Enforcement policies. Discretion. Codes of guidance. Assessment of formal action. The cautioning of offenders. The decision to caution. Public interest principles. Cautioning officers. Power to charge for enforcement action. Benefits of enforcement policy. Statutory notices.Regulatory options. Pre-formal Enforcement Action Procedures. Who may receive a notice. Service on persons other than individuals. Notices and copies. Identifying the recipient. Her Majesty's land registry. Companies. Service where the recipient cannot be found. Format of a notice. The appropriate use of all investigative options. Conflicts on the face of the notice. Use of schedules. Time period. Adequate authority. Service of notices. Key points in the drafting of notices. Pathway of a case to court. File preparation. Information and summons. Time period for proceedings. Duplicity.Summons. Complaint. Court Proceedings.Conducting proceedings. Criminal procedure. Summary trial. Before the hearing. The hearing. The trial. Giving evidence. The plea- the unacceptable guilty plea. Decision and sentence. Trial on indictment. Penalties of the court. Costs. Disqualification of directors. Compensation orders. Tribunals. Industrial tribunals. Appendices. Index.