Environmental offences

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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
How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...
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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
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
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 12th Jan
Practice notes
This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...
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9th Nov
Practice notes
This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the...
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9th Nov
Practice notes
The offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the...
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9th Nov
Practice notes
The test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence excluded simply because it has been obtained unlawfully. To...
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Produced in partnership with Hannah Thomas of 2 Hare Court 12th Jan
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
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...
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Produced in partnership with 25 Bedford Row 12th Jan
Practice notes
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
Practice notes
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for...
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9th Nov
Practice notes
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid,...
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9th Nov
Practice notes
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those...
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9th Nov
Practice notes
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex),...
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9th Nov

Most recent Environmental offences content

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
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
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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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
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
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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8th Apr
Practice notes
The statutory duty of care in relation to extractive waste was introduced by the Environmental Permitting (England and Wales) (Amendment) Regulations...
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8th 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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8th 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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8th Apr
Practice notes
Water discharge and groundwater activitiesWater discharge activities or ground water activities offences are regulated by the Environmental Permitting...
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1st Apr
Practice notes
This Practice Note explains the powers available to deal with anti-social behaviour in an environmental context, in particular those introduced by the...
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Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 23rd Mar
Practice notes
Noise is just one type of statutory nuisance under the Environmental Protection Act 1990 (EPA 1990). For information about statutory nuisance...
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Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 23rd Mar
Q&As
The Conservation of Habitats and Species Regulations 2017 (CHSR 2017), SI 2017/1012 creates a series of criminal offences. Generally speaking, the...
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Produced in partnership with Peter Ware of Browne Jacobson 22nd Mar
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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22nd Mar

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