Prosecution Policy Statement

Thanet District Council is committed to ensuring that money paid out in Benefits goes to those entitled to receive it. Persons who deliberately commit fraud as opposed to those who make an innocent mistake, may be prosecuted.

The right to prosecute is inherent in common law and this Council, therefore, has the right to prosecute. In addition, Section 222 of the Local Government Act 1972, gives authorities the right to prosecute or appear in any legal proceedings. Alternatively, the Crown Prosecution Service may take on the proceedings for criminal offences.

Detection and Investigation

Officers charged with the duty of investigating suspected fraud will:

• Establish the facts.
• Gather sufficient admissible evidence to support criminal proceedings.
• Investigate all cases in accordance with the investigation procedures laid down by the Council.

Prosecutions

Where an offence has been committed the Council will seriously consider prosecuting the offender. The more serious the offence, the more likely it is that a prosecution will be needed. The factors that apply will depend on the facts of each case.

Factors to be considered:

• The overpayment is substantial.
• The fraud has continued over a long period.
• The fraud was calculated and deliberate.
• Organised fraud is involved.
• The case involves collusive landlords, agents or employers.
• The suspect has previous convictions for related frauds.
• The suspect was in a position of trust.
• The suspect was a ring-leader.
• There are grounds for believing that the offence is likely to be continued or repeated, for example, by a history of recurring conduct.
• The offence, although not serious in itself, is widespread in the area it was committed.

In order to prosecute there must be sufficient admissible evidence to provide a reasonable prospect of conviction. The prosecution must be in the public interest. It must be within the time limits, if applicable.

Other considerations:

The Council will consider any mitigating circumstances, social factors, and the suspect's physical and mental condition.

Cases suitable for prosecution

Having applied the factors above, if a case is suitable for prosecution the case summary together with the evidence, will be submitted to the Senior Investigation Officer, who will review the case and pass it with a recommendation to the Investigation/Control Manager, who will decide the most appropriate course of action.

If the prosecution is agreed, proceedings will be initiated as soon as possible, as unreasonable delays may result in the case failing in court.

Cases not suitable for prosecution

Where an offence has been committed but the case is not suitable for prosecution, having considered the factors above, the case summary will be passed to the Senior Investigation Officer who will review the case. Where the case is deemed unsuitable for prosecution the Senior Investigation Officer will discuss the alternatives below with the Investigation/Control Manger, who will authorise the decided action:

• Administrative penalties
• Formal Caution
• Close case, no further action

Publicity

Considerations will be given to publicising all successful prosecutions, as a deterrent. This will be decided by the Benefits Manager and the Press Officer.

E-mail:

Benefits@thanet.gov.uk

Tel: 01843 577552

from 9am to 5.30pm. 

Fax: 01843 577532

or Visit our offices