Abstract
Local authority prosecutions for breach of an abatement notice invoke the rules of evidence and procedure of the magistrates’ courts acting in their criminal capacity. These rules are more restrictive than apply in appeals against abatement notices under section 80(3) of the Environmental Protection Act 1990 (‘EPA 1990’) where the rules and procedures are based on civil law.1 Hearsay evidence that would be admissible in an appeal is subject to much more stringent conditions in criminal proceedings.