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       #Post#: 4927--------------------------------------------------
       Re: FPN - Section s33. s87 - Name and address inside bin bag as 
       evidence only
       By: Southpaw82 Date: September 11, 2023, 4:33 pm
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       [quote author=cp8759 link=topic=520.msg4922#msg4922
       date=1694466919]
       I'm not sure that a paper questionnaire could be relied upon for
       the purposes of an adverse inference. Looking at section 34 of
       the Criminal Justice and Public Order Act 1994 it mentions "on
       being questioned under caution by a constable trying to discover
       whether or by whom the offence had been committed", presumably
       there's something somewhere the disapplies the constable
       requirement for local authority investigations?
       [/quote]
       Section 34(4): “This section applies in relation to questioning
       by persons (other than constables) charged with the duty of
       investigating offences or charging offenders as it applies in
       relation to questioning by constables; and in subsection (1)
       above “officially informed” means informed by a constable or any
       such person.”
       #Post#: 4933--------------------------------------------------
       Re: FPN - Section s33. s87 - Name and address inside bin bag as 
       evidence only
       By: andy_foster Date: September 11, 2023, 4:53 pm
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       To back up a few posts, and perhaps surprisingly to those of you
       familiar with "witness statements" from Private Parking
       Companies, a witness statement consists solely (other than the
       declaration(s)) of statements of fact witnessed b directly by
       the witness, or in certain cases where clearly identified as
       such, provided by a third party.
       If a witness statement said that the witness knows that X done
       it because he (the witness) found an envelope with X's name and
       address in the bag, that is evidence of two things - that the
       witness found an envelope with X's name and address on it in the
       bag, and that the witness has a demonstrable disregard for truth
       as evidenced by the declaration on the witness statement.
       You do not need to call a witness to challenge what is clearly
       conjecture.
       #Post#: 7338--------------------------------------------------
       Re: FPN - Section s33. s87 - Name and address inside bin bag as 
       evidence only
       By: H C Andersen Date: October 13, 2023, 4:29 am
       ---------------------------------------------------------
       IMO they are incorrect as regards the law and its enforcement.
  HTML https://www.gov.uk/government/publications/household-waste-duty-of-care-fixed-penalty-notice-guidance/guidance-for-local-authorities-on-household-waste-duty-of-care-fixed-penalty-notices
  HTML https://assets.publishing.service.gov.uk/media/6274d74bd3bf7f5e3ade6090/Waste_duty_of_care_code_of_practice.pdf
       Householders' Duty of Care as regards waste is s34(2A) (which
       actually applies to 'occupiers' not householders), not s87,
       which is litter-related.
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