Rank: New forum user 
|
Hi all
This may sound an obvious question to most of you but please bare with me. I am trying to get my head around the distinction between a 'failure to comply' with the RRO and an 'offence' under it. I appredciate that the Order lists the offences but these, in themselves, imply a failure to comply. Is it merely a case of a graduated scale where the difference is down to whether the failure is a technical or material breach? Any words of wisdom would be very welcome. Thanks.
|
|
|
|
|
|
Rank: Super forum user
|
A ‘failure to comply’ is simply the opinion of the inspector. If he feels that there has been a failure to comply he can decide to prosecute, if as well the 'failure to comply', there is a ‘public interest' in prosecuting someone (ie it’s not just a technical breach but something significant) and there is a likelihood of a conviction (ie they can persuade a court that this prosecution is worth it). Only after a conviction by a court, has there been an offence.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.