Environmental offences

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Practice notes
Possession with intent to supplyPossession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his...
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Produced in partnership with Red Lion Chambers 19th May
Practice notes
Absolute and conditional dischargeThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
AutomatismDefinition 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...
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19th May
Practice notes
What happens when a client receives a custodial sentence?This Practice Note reflects the procedural code for sentencing offenders in England and Wales...
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Produced in partnership with Flora Page of 23 Essex Street 19th May
Practice notes
Community order requirementsThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
Threats to killThe offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown...
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19th May
Practice notes
Privilege against self-incriminationBackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 19th May
Practice notes
Defence disclosure in criminal proceedings—defence statements and defence witness noticesThe Criminal Procedure and Investigations Act 1996 (CPIA...
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Produced in partnership with Hannah Thomas of 2 Hare Court and David McNeill of 5 St Andrew's Hill 19th May
Practice notes
Indecent images of childrenThe criminal offencesThe Protection of Children Act 1978 (PCA 1978), the Criminal Justice Act 1988 (CJA 1988) and the...
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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
False accounting and false statements under TA 1968False accountingA person who falsifies or conceals information required for an accounting purpose,...
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19th May
Practice notes
Fraud by failure to disclose and abuse of positionFraud by failure to disclose information while under a legal duty to do so An offence of fraud by...
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19th May
Practice notes
Controlling or coercive behaviour offencesWhat is domestic abuse?There is no statutory offence of domestic violence or domestic abuse, however, it...
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19th May
Practice notes
NMC disciplinary processNursing and Midwifery CouncilThe Nursing and Midwifery Council (NMC) is the regulatory body for all nurses and midwives...
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Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row 19th May
Practice notes
Witness intimidationIntimidation of witnesses and jurorsIntimidation of witnesses and/or jurors is an offence under section 51 of the Criminal Justice...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
Practice notes
Extreme pornographyPossessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and...
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19th May

Most recent Environmental offences content

Practice notes
Corporate liability for environmental offences requiring intentionWhat environmental offences require mens rea?While most environmental offences are...
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11th Aug
Practice notes
EU Environmental Crime Directive—snapshotEntry into forceTitleDirective 2008/99/EC of the European Parliament and of the Council of 19 November 2008...
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11th Aug
Practice notes
Environmental civil sanctions—non-compliance penaltiesReviewed by Professor Richard MacroryRegulatory Enforcement and Sanctions Act 2008 (RESA 2008)...
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11th Aug
Practice notes
Waste carrier's/broker’s registration—compliance, enforcement, offences and appealsCoronavirus (COVID-19): The Environment Agency (EA) has published a...
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Produced in partnership with Begonia Filgueira FIEMA of Acuity Law 11th Aug
Practice notes
Contaminated land—enforcement of remediation noticesConsequences of non-complianceIf a requirement in a remediation notice has not been carried out,...
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11th Aug
Practice notes
Environmental civil sanctions—enforcement bodies and outline of sanctionsReviewed by Professor Richard MacroryEnforcement bodiesSince 4 January 2011,...
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11th Aug
Practice notes
Hazardous substances regulation—potential liabilitiesSubstances which could pose a threat to human health or the environment are regulated in a...
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Produced in partnership with Susannah Wilks 11th Aug
Practice notes
Environmental civil sanctions—fixed monetary penaltiesRegulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers...
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11th Aug
Practice notes
Contaminated land—who may be liable?Who may be liable?Anyone who is an 'appropriate person' may be liable for remediation of contaminated land under...
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11th Aug
Practice notes
Environmental civil sanctions—variable monetary penaltiesReviewed by Professor Richard Macrory.Regulatory Enforcement and Sanctions Act 2008 (RESA...
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11th Aug
Practice notes
UK REACH—enforcementIntroduction to UK REACH'REACH' is an abbreviated term for Regulation (EC) 1907/2006 of the European Parliament and of the Council...
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Produced in partnership with Simon Tilling and Tom Gillett of Burges Salmon 11th Aug
Practice notes
Environmental civil sanctions—compliance noticesReviewed by Professor Richard Macrory.Regulatory Enforcement and Sanctions Act 2008 (RESA 2008)...
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11th Aug
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 11th Aug
Practice notes
Environmental civil sanctions—appealsReviewed by Professor Richard MacroryRegulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators...
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11th Aug
Practice notes
Environmental civil sanctions—restoration noticesReviewed by Professor Richard MacroryRegulatory Enforcement and Sanctions Act 2008 (RESA 2008)...
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11th Aug
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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11th Aug
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 11th Aug
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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11th Aug
Practice notes
Appealing an abatement noticeStatutory nuisance leading to abatement noticeA local authority has a duty to inspect its area from time to time for any...
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Produced in partnership with Jeremy G Phillips of FTB Chambers and Charles Forrest of FTB Chambers 11th Aug

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