Decision details
Delegating Authority to issue and defend legal proceedings
Decision Maker: Executive Director - Resources
Decision status: Approved
Is Key decision?: No
Is subject to call in?: No
Purpose:
To enable the effective conduct of prosecution
proceedings by Legal Services officers on behalf of the
council.
To appear on behalf of BANES to prosecute or defend in proceedings
before a magistrates’ court pursuant to section 223 Local
Government Act 1972.
Decision:
In accordance with section 2.35.3 of the
Constitution the Legal Services Manager & Deputy Monitoring
Officer hereby delegates authority to Emma Howard (Lawyer –
Solicitor) the power to:-
Institute and conduct criminal proceedings by the Council and to
facilitate the discharge of Council criminal functions across the
district in so far as relevant to the role.
Alternative options considered:
Alternative options considered:
Option 1 - To require the Team Leader to authorise all prosecutions
on behalf Legal Services. This would be time consuming and an
inefficient use of council resources. To require Associate lawyers
or external solicitors/barristers to conduct all hearings. This
would result in a significant cost to client departments.
Publication date: 30/06/2025
Date of decision: 30/06/2025