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Planning Advisory Service (PAS)
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Prosecutions without date of birth

Former Member, modified 14 Years ago.

Prosecutions without date of birth

I have had two cases recently that have gone to Court but we have been unable to pursue the matter because we didn't have a date of birth of the offender and the Police would not execute a warrant for an offender to appear at Court if there was no date of birth on the warrant. According to our Legal department, cases relating to planning matters cannot be heard in an offender's absence, and if the Police will not serve a warrant for the offender to appear at Court, the feeling is that we cannot pursue the matter further. Has anyone had experience of similar circumstances and is there another way round it?
Former Member, modified 14 Years ago.

Re: Prosecutions without date of birth

Mark. You should contact either John Ryan at Glasgow City Council (john.ryan@glasgow.gov.uk) or Alan Moonie at Edinburgh City Council (alan.moonie@edinburgh.gov.uk) who should be able to give you chapter and verse on how to get round the issue. I know it's Scotland rather than England but am sure they will be able to help. Mike Hyde (mh@mhplanning.co.uk)
Former Member, modified 14 Years ago.

Re: Prosecutions without date of birth

Mark, please could you post your findings as we have recently had similar problems. Thank you. Dave
Former Member, modified 14 Years ago.

Re: Prosecutions without date of birth

Has anyone yet found a way around this in England ? We have had the same issues - cannot get a warrant without a DOB Cheers Don Sorby (donald.sorby@doncaster.gov.uk)
Former Member, modified 14 Years ago.

Re: Prosecutions without date of birth

Don Invariably we don't know dob's but no person under the age of 18 can own or have a legal interest in property. This is the statement I make to Court in my witness statements and it hasn't been a problem.