Environmental offences

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Practice notes
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
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Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
Practice notes
There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan
Practice notes
What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...
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9th Nov
Practice notes
What is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales environment creates...
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9th Nov
Practice notes
The right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’ court, youth court or Crown...
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9th Nov
Practice notes
What is a remedial action notice?A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local...
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9th Nov
Practice notes
The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
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9th Nov
Practice notes
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
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9th Nov
Practice notes
Section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) afford access to material that cannot be obtained by an application...
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Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers 12th Jan
Practice notes
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
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9th Nov
Practice notes
Intimate Samples from a detained suspectAn intimate sample is:•a sample of blood, semen or any other tissue fluid, urine or pubic hair•a dental...
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9th Nov
Practice notes
Forthcoming Change: The Attorney General’s Guidelines on Disclosure and the CPIA Code of Practice have been updated and reissued but are not yet in...
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Produced in partnership with David McNeill of 5 St Andrew's Hill 12th Jan
Practice notes
The police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE 1984). Non-intimate...
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9th Nov
Practice notes
Exceptions under the CJA 2003The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003).See Practice Note:...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020), among other...
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Produced in partnership with Kathryn Hughes of QEB Hollis Whiteman 12th Jan

Most recent Environmental offences content

Q&As
Environmental liabilityThe company could be liable under a number of environmental regimes, including criminal liability under the:•Wildlife and...
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16th Apr
Practice notes
Environmental incidents often happen without warning and with significant consequences. It can be easy in those circumstances to fail to maintain a...
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Produced in partnership with Christopher Badger of 6 Pump Court 16th Apr
Q&As
Legislative references to the power of a magistrates’ court to impose a sentence of imprisonment of up to 12 months on summary conviction can lead to...
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15th Apr
Practice notes
Entry into forceTitleDirective 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment...
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14th Apr
Practice notes
Coronavirus (COVID-19): To help businesses cope with the disruption caused by Coronavirus, COVID-19, the Environment Agency (EA) has published a...
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Produced in partnership with Craig Burman of Schofield Sweeney 13th Apr
Practice notes
Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...
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Produced in partnership with Angus Evers of Shoosmiths 12th Apr
Practice notes
Waste offencesThe regulation of waste is governed by Part II of the Environmental Protection Act 1990 (EPA 1990), and the Environmental Permitting...
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12th Apr
Practice notes
This Practice Note provides an introduction to environmental criminal liability, offences and the different stages of the criminal process from...
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Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 9th Apr
Practice notes
Statutory nuisance leading to abatement noticeA local authority has a duty to inspect its area from time to time for any statutory nuisances, and...
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Produced in partnership with Jeremy Phillips QC and Charles Forrest of Francis Taylor Building 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Christopher Badger of 6 Pump Court 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Laura Phillips of 6 Pump Court 9th Apr
Practice notes
Environmental enforcement principlesThree principles form the basis of environmental protection in the UK:•the preventative principle—promotes the...
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Produced in partnership with Christopher Badger of 6 Pump Court 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Laura Phillips of 6 Pump Court 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Christopher Badger of 6 Pump Court 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
9th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Jeremy Phillips QC and Charles Forrest of Francis Taylor Building 9th Apr
Practice notes
Statutory nuisance under the Environmental Protection Act 1990A wide range of conduct (eg emission of smoke, fumes, dust etc), which was, in the past,...
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Produced in partnership with Jeremy Phillips QC and Charles Forrest of Francis Taylor Building 9th Apr
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Belgium; China; Dominican Republic; Germany; Korea; Malta; Mexico;...
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9th Apr
Practice notes
Controlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection Act 1990 (EPA 1990), see Definition of...
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8th Apr

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