Environmental offences

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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
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 offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The...
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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
Serious crime prevention orders (SCPOs) were created by Part 1 of the Serious Crime Act 2007 (SCA 2007) and are civil orders used against those...
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9th Nov
Practice notes
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
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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
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 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
The offence of possession of a bladed articleThe offence of having a bladed article in a public place can be tried in either the magistrates' court or...
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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
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
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
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’)...
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9th Nov
Practice notes
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation...
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9th Nov

Most recent Environmental offences content

Practice notes
The Sentencing Council has published offence specific sentencing guidelines for use in the magistrates’ courts and Crown Courts in England and Wales...
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Produced in partnership with Christopher Badger of 6 Pump Court 22nd Mar
Practice notes
Introduction to UK REACH'REACH' is an abbreviated term for Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the...
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Produced in partnership with Simon Tilling and Tom Gillett of Burges Salmon 17th Mar
Practice notes
Regulatory Enforcement and Sanctions Act 2008 enables regulators to be given powers to deal with offences using civil sanctions, including...
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16th Mar
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 Begonia Filgueira FIEMA of Acuity Legal 9th Mar
Practice notes
Any substance or object is capable of being waste. Determining whether or not a substance or object is waste is complex, and has significant legal and...
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9th Mar
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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9th Mar
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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9th Mar
Practice notes
Reviewed by Professor Richard Macrory.Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with...
Read More >
9th Mar
Practice notes
Reviewed by Professor Richard MacroryRegulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with...
Read More >
9th Mar
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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9th Mar
Practice notes
The Environment Agency (EA), Natural Resources Wales (NRW) and Health and Safety Executive (HSE) have extensive, but not unlimited, powers to enter...
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9th Mar
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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9th Mar
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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9th Mar
Practice notes
Reviewed by Professor Richard Macrory.Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with...
Read More >
9th Mar
Practice notes
Reviewed by Professor Richard MacroryRegulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with...
Read More >
9th Mar
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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9th Mar
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...
Read More >
Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 9th Mar
Practice notes
Reviewed by Professor Richard Macrory.Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with...
Read More >
9th Mar
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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8th Mar
Practice notes
The Sentencing Council has published offence specific sentencing guidelines for use in the magistrates’ courts and Crown Courts in England and Wales...
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Produced in partnership with Christopher Badger of 6 Pump Court 4th Mar

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