Crime is an occasional issue for planning, with prosecution as a sanction for failure to comply with the various types of enforcement action.
Attending a seminar by Brodies’ Business and General Crime team was a sobering experience. They highlighted the personal and business consequences of the criminal cases they’ve been dealing with, for the individual, their family and their employers, whether it’s business crime, a road traffic incident, or a domestic dispute.
Contrary to what happens in TV dramas, there is still a right to silence in Scots law. So the advice is – say nothing and get a good lawyer.
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What can a “good lawyer” do when a planning authority chooses to deny an applicant a right of appeal by going straight to a Breach of Condition Notice despite there being evidence that the condition in question had been complied with? Is a failure to comply with a BCN, thereby causing a person to be guilty of an offence, any worse than incurring a parking fine or being caught speeding? What are the real consequences of simply ignoring a BCN where you believe you have a case?
Very pertinent questions. These are the legal/ tactical issues that we’re used to advising clients on.