Environmental offences

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Practice notes
Pre-sentence reportsA pre-sentence report (PSR) is a report usually prepared by the National Probation Service (NPS) with a view to assisting the...
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9th Nov
Practice notes
The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when...
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9th Nov
Practice notes
Procedure for either-way offences not sent forthwith to the Crown Court for trial: plea before venue and allocationWhere the court decides that a case...
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9th Nov
Practice notes
What is an absolute discharge?An absolute discharge is the most lenient sentence available to the court and is imposed where the court is satisfied...
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9th Nov
Practice notes
The offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False...
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9th Nov
Practice notes
OmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act comprising offence is committed....
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9th Nov
Practice notes
BackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct protection, actually arises from a number...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 9th Nov
Practice notes
Bench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for...
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9th Nov
Practice notes
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 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
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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9th Nov
Practice notes
Judicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and public hearing by an...
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9th Nov
Practice notes
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 9th Nov
Practice notes
Fraud by failure to disclose information while under a legal duty to do so An offence of fraud by failure to disclose is committed where a...
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9th Nov
Practice notes
What is a disclosure order?A disclosure order is, in general terms, an order authorising a request for information with which the recipient is obliged...
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9th Nov
Practice notes
Obtaining services dishonestlyIt is an offence for a defendant to obtain, by any dishonest act, services for which payment is required, with intent to...
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9th Nov

Most recent Environmental offences content

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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30th Nov
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
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Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 28th Nov
Practice notes
What is fly-tipping?Fly-tipping is the illegal deposit of waste. It can cause pollution, harm to human health and can affect the amenity of the area....
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28th Nov
Practice notes
Reviewed by Professor Richard Macrory.Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with...
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28th Nov
Practice notes
What environmental offences require mens rea?While most environmental offences are characterised by strict liability, a limited category require an...
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28th Nov
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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28th Nov
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
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28th Nov
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 28th Nov
Practice notes
The Control of Major Accident Hazards Regulations 2015 (COMAH 2015), SI 2015/483, aim to prevent major work place accidents occurring and put in place...
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28th Nov
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
28th Nov
Practice notes
Reviewed by Professor Richard MacroryRegulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with...
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28th Nov
Practice notes
The statutory duty of care in relation to controlled waste was introduced by section 34(1) of the Environmental Protection Act 1990 (EPA 1990) on 1...
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28th Nov
Practice notes
Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using six new civil sanctions,...
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28th Nov
Practice notes
Packaging waste offences and penalties are set out in the Packaging (Essential Requirement) Regulations 2015 (PERR 2015), SI 2015/1640 and the...
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28th Nov
Practice notes
Reviewed by Professor Richard MacroryRegulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with...
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28th Nov
Practice notes
Reviewed by Professor Richard MacroryRegulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with...
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28th Nov
Practice notes
Consequences of non-complianceIf a requirement in a remediation notice has not been carried out, the enforcing authority will need to consider whether...
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28th Nov
Practice notes
Reviewed by Professor Richard MacroryRegulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with...
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28th Nov
Practice notes
TitleEnvironment Bill Key dateIntroduced to Parliament 30 January 2020SubjectEnvironmental principles, governance, regulation, air pollution, waste...
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28th Nov

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