Environmental offences

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Practice notes
Committal for sentenceSummary of magistrates’ powers to commitA magistrates' court does not have power to impose a sentence of imprisonment or...
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19th May
Practice notes
Criminal insider dealing (encouraging offence)—a quick guideThis Practice Note is concerned with one of the three criminal offences created under...
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19th May
Practice notes
Assault with intent to resist or prevent arrestThe offence of assault with intent to resist or prevent arrestAssault with intent to resist or prevent...
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19th May
Practice notes
Investigatory Powers TribunalFor information on the overarching regime for scrunity of the use of powers under the Investigatory Powers Act 2016 (IPA...
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19th May
Practice notes
Disclosure in the magistrates’ courtInitial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of...
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Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court 19th May
Practice notes
Cash seizure and detentionChanges under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various...
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19th May
Practice notes
Possession of an offensive weaponThe offence of possession of an offensive weaponThe offence of having an offensive weapon in a public place can be...
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19th May
Practice notes
Money laundering offences—concealing, disguising, converting, transferring and removingIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end...
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Produced in partnership with Jessica Parker of Corker Binning 19th May
Practice notes
Applying for the return of seized cashApplication by the person from whom the cash was seizedWhen cash has been seized, an application can be made by...
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19th May
Practice notes
Corporate manslaughter—prosecutions trackerThis Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under...
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19th May
Practice notes
Excluding evidence of bad characterExcluding evidence of the defendant's 'bad character' under CJA 2003, s 101(3)Where evidence of a defendant's bad...
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Produced in partnership with Hannah Thomas of 2 Hare Court 19th May
Practice notes
Sexual harm prevention ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May
Practice notes
Abuse of process procedureFor an explanation of when abuse of process applications may arise in criminal proceedings, see Practice Note: Abuse of...
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19th May
Practice notes
Disclosure of evidence in Scottish criminal proceedingsCoronavirus (COVID-19): Scottish criminal procedure has been impacted by the COVID-19 pandemic....
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Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 19th May
Practice notes
Custody time limitsCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In...
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19th May

Most recent Environmental offences content

Practice notes
Environmental enforcement undertakings—packaging waste—trackerRegulatory Enforcement and Sanctions Act 2008 enables regulators to be given powers to...
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15th Jun
Practice notes
Environmental enforcement undertakings—water and fisheries—trackerRegulatory Enforcement and Sanctions Act 2008 enables regulators to be given powers...
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15th Jun
Practice notes
Environmental enforcement undertakings—wildlife and habitats—trackerRegulatory Enforcement and Sanctions Act 2008 enables regulators to be given...
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15th Jun
Practice notes
Meaning of waste—what is waste?Waste Framework Directive 2008/98/EC (WFD) as amended in 2018EU Directives are adopted by Member States and require...
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Produced in partnership with Leslie Heasman of MJCA, Samantha Riggs of 25 Bedford Row and Dr Anna Willetts of gunnercooke LLP 15th Jun
Practice notes
Packaging waste—enforcement and offencesPackaging waste offences and penalties are set out in the Packaging (Essential Requirement) Regulations 2015...
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15th Jun
Practice notes
Environmental Permitting Regulations 2016—enforcement, offences and civil sanctionsCoronavirus (COVID-19): The Environment Agency (EA) has published a...
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Produced in partnership with Craig Burman of Schofield Sweeney 15th Jun
Practice notes
Environmental civil sanctions—enforcement undertakingsReviewed by Professor Richard Macrory.Regulatory Enforcement and Sanctions Act 2008 (RESA 2008)...
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15th Jun
Practice notes
Environmental civil sanctions—enforcement bodies and outline of sanctionsReviewed by Professor Richard MacroryEnforcement bodiesSince 4 January 2011,...
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15th Jun
Practice notes
Environmental enforcement undertakings—environmental permitting—trackerRegulatory Enforcement and Sanctions Act 2008 enables regulators to be given...
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14th Jun
Practice notes
Natural Resources Wales—powers to investigate environmental crimeNatural Resources Wales (NRW) is the principal regulator responsible for the...
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Produced in partnership with Christopher Badger of 6 Pump Court; and Christian Jowett of 30 Park Place, Cardiff and 36 Commercial, London 14th Jun
Practice notes
Environment Agency—powers to investigate environmental crimeThe Environment Agency (EA) is one of the regulators responsible for the enforcement of...
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Produced in partnership with Christopher Badger of 6 Pump Court; and Christian Jowett of 30 Park Place, Cardiff and 36 Commercial, London 8th Jun
Practice notes
An introductory guide to environmental criminal liabilityThis Practice Note provides an introduction to environmental criminal liability, offences and...
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Produced in partnership with Jeremy G Phillips of FTB Chambers and Charles Forrest of FTB Chambers 7th Jun
Q&As
Do the Police have power to issue notices under section 46 of the Environmental Protection Act 1990? Could they be granted delegated power to issue...
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Produced in partnership with Adam Heppinstall of Henderson Chambers 6th Jun
Q&As
Is a supermarket car park (owned by the supermarket) a ‘public place’ or ‘place’ to which section 87 of the Environmental Protection Act 1990 applies...
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Produced in partnership with Denis Edwards of Normanton Chambers 5th Jun
Q&As
What is the limitation period for bringing a prosecution for failing to pay a fixed penalty notice under section 33ZA of the Environmental Protection...
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Produced in partnership with Denis Edwards of Normanton Chambers 5th Jun
Q&As
Which environmental authorities regulate and enforce odour controls and what powers do they have?The odours emanating from industrial, trade or...
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5th Jun
Q&As
Can an appellant recover costs from the Environment Agency following a successful appeal against a waste removal notice under section 59ZB of the...
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5th Jun

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