ABSTRACT

First and foremost, enforcement should never simply be taken to mean prosecution. It was Hawkins [1] who recognized that law may be enforced by compulsion and coercion, or by conciliation and compromise, and, in the words of Hutter [2] the term ‘enforcement’ should be used to accommodate a ‘much wider concept, defining enforcement as the whole process of compelling observance with some broadly perceived objectives of the law’. It is this definition that is accepted for the purposes of this chapter and it is this process of compulsion, and the mechanisms to be employed to achieve this end, that will be explored.