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Show me the poo! - Over reactivive civil enforcement officer

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  • Guest's Avatar
    Guest replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    Here#

    http://www.legislation.gov.uk/ukpga/1996/20/section/3

    Offence.

    (1)
    If a dog defecates at any time on designated land and a person who is in charge of the dog at that time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless—

    (a)
    he has a reasonable excuse for failing to do so; or

    (b)
    the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

    (2)
    A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    Now do you want me to put up the definition of the word"conviction "(do you think this is a civil term) or would you like me to tell you what a standard scale fee for an offence is.

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  • Guest's Avatar
    Guest replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    Originally posted by teaboy2 View Post
    There are many acts of parliament that enable councils to create by-laws . A breach of by-law in self is not necessary a criminal act. In 2006 things changed, from breaches of by-laws being punishable criminally to being punishable by FPN instead.

    You keep posting links to Council sites, and wiki (a user contribution site and therefore not necessary correct), but fail to porvide legislation that shows dog fouling is a criminal offence. Also how can one be guilty of such offence if they have not been found guilty by a court? So no, its not a criminal offence.

    Non payment of the FPN, and when recipient does not opt for a court hearing in the time specified, the penalty may be increased by 50% and registered against the recipient as a fine (Non Payment of Fine at this point is when it becomes a criminal offence, so this is where it changes from civil to criminal). It may then be enforced by the normal methods used to enforce unpaid fines, including imprisonment in some circumstances.

    Any way - The OP's dog did not foul on the land so whether its a crminal offence or not is irrelevant where it concerns the OP
    I do not understand why you are having such a problem with this the legislation has been quoted , it is here

    http://www.legislation.gov.uk/ukpga/2005/16/section/59

    This is the part relating to fixed penalty notices for an OFFENCE

    Fixed penalty notices

    (1)
    This section applies where on any occasion—

    (a)
    an authorised officer of a primary or secondary authority has reason to believe that a person has committed an offence under a dog control order made by that authority; or

    There has been no decriminalization of this, it is an OFFENCE. Not a tort or a civil breach..

    Good grief

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  • mio
    replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    Originally posted by bluebottle View Post
    The sort of behaviour you experienced is not the result of someone donning a uniform and power going to their head - it is deliberate and intended to whip up and stir up civil tension and unrest so that this corrupt and discredited government can bring in the Civil Contingencies Act and slide into place a corporatist-globalist dictatorship, aka corporate fascism.
    This had occurred to me. And it's scary.

    Leave a comment:


  • teaboy2
    replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    Originally posted by andy58 View Post
    Just to clarify the bye laws are made under the previously mentioned act. Which states

    An Act to amend section 6 of the Crime and Disorder Act 1998;

    There are many acts of parliament that enable councils to create by-laws . A breach of by-law in self is not necessary a criminal act. In 2006 things changed, from breaches of by-laws being punishable criminally to being punishable by FPN instead.

    You keep posting links to Council sites, and wiki (a user contribution site and therefore not necessary correct), but fail to porvide legislation that shows dog fouling is a criminal offence. Also how can one be guilty of such offence if they have not been found guilty by a court? So no, its not a criminal offence.

    Non payment of the FPN, and when recipient does not opt for a court hearing in the time specified, the penalty may be increased by 50% and registered against the recipient as a fine (Non Payment of Fine at this point is when it becomes a criminal offence, so this is where it changes from civil to criminal). It may then be enforced by the normal methods used to enforce unpaid fines, including imprisonment in some circumstances.

    Any way - The OP's dog did not foul on the land so whether its a crminal offence or not is irrelevant where it concerns the OP

    Leave a comment:


  • bluebottle
    replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    They are also prospective, meaning they are not yet in force.

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  • Guest's Avatar
    Guest replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    Originally posted by mio View Post
    That's interesting. The Police statement to The Evening Standard said that 'No allegation of crime' was made. Also one of the Police officers attending said that he had "no idea of their [the CEO's] procedures". "Their procedures?" I asked. And he said "Yes, this is a civil matter".
    Well criminal they are. That is provided the council has adopted the legislature through one of its by laws.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    Here is the information regarding enforcement measures and fines(fines are not a civil penalty by the way)

    http://www.environmentlaw.org.uk/rte.asp?id=50

    Leave a comment:


  • mio
    replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    Originally posted by andy58 View Post
    It is criminal.
    .
    That's interesting. The Police statement to The Evening Standard said that 'No allegation of crime' was made. Also one of the Police officers attending said that he had "no idea of their [the CEO's] procedures". "Their procedures?" I asked. And he said "Yes, this is a civil matter".

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    I could go on

    Magistrates and crown courts as mentioned deal with criminal cases as you should know.

    Leave a comment:


  • bluebottle
    replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    Originally posted by mio View Post
    The story and video, and or stills, have already featured this week in The Evening Standard, The Daily Mail online, The Sun online, The Huffington Post, 9 News Australia, The Times of Mumbai and the Gulf Times just for starters!

    I also forgot to mention I found an interesting thread about it on the Policespecials.com website where serving Police officers debate the procedure and legalities of Officer Khan's 'intervention'.
    It does make you wonder if London Borough of Tower Hamlets backed off because of Citizen Khan's behaviour. At the very least, he has brought the authority into disrepute. He has certainly brought the law into disrepute.

    The sort of behaviour you experienced is not the result of someone donning a uniform and power going to their head - it is deliberate and intended to whip up and stir up civil tension and unrest so that this corrupt and discredited government can bring in the Civil Contingencies Act and slide into place a corporatist-globalist dictatorship, aka corporate fascism. I'm attaching a copy of Rules for Radical by Saul Alinsky, an American Marxist agitator - now dead - tributes to which the three main political parties placed on their websites until they realised more and more people have found out what is going on, who Saul Alinsky is and what the plan is and took the tributes down very quickly. Read it and you will see, very quickly, why everything is going wrong, including Citizen Khan's behaviour.
    Attached Files

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    or this

    http://www.bedford.gov.uk/transport_...iro-crime.aspx

    littering, dog fouling, ... 'Enviro crime' offences are criminal offences. The aims of the initiative are: to reduce littering & dog fouling on the streets;

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    or this

    http://en.wikipedia.org/wiki/Dogs_(F...Land)_Act_1996

    The Dogs (Fouling of Land) Act 1996 is an Act of the Parliament of the United Kingdom. The purpose of the Act was to create a criminal offence if a dog defecates at ...
    Dog fouling

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    or this#

    http://www.stockport.gov.uk/services...ce/dogfouling/

    nformation about dog fouling in ... It is a criminal offence for the person in charge of a dog to ... If anyone is witnessed committing a dog fouling offence, .

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    Originally posted by bluebottle View Post
    Can I suggest you take a look on www.legislation.gov.uk, find the relevant provisions and then post links to them on this thread?

    Below is an extract from the OP's initial post -

    Outside the park, the Police arrived. They said it was not a criminal matter and that they had no problem with either me or my dog.

    Does that answer your question, you cantankerous old bugger?

    No but this does

    http://www.npt.gov.uk/default.aspx?page=4205

    Dog Fouling. Allowing your dog to foul in public places is not only dangerous but is a criminal offence. You could be hit with a fine and prosecuted through the courts.

    Leave a comment:


  • bluebottle
    replied
    Re: Show me the poo! - Over reactivive civil enforcement officer

    Originally posted by andy58 View Post
    It is criminal.

    As for the legality of requiring you to give your details. I do knot know, I would guess that there i nothing stopping them asking, I do not think they would be able to arrest you if you refused, however giving false information may be an additional offence.
    Can I suggest you take a look on www.legislation.gov.uk, find the relevant provisions and then post links to them on this thread?

    Below is an extract from the OP's initial post -

    Outside the park, the Police arrived. They said it was not a criminal matter and that they had no problem with either me or my dog.

    Does that answer your question, you cantankerous old bugger?

    Leave a comment:

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