Environmental offences

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Practice notes
In summarising the law of contempt of court, the Court of Appeal has stated:‘The law of contempt exists to protect the course of proceedings from...
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Produced in partnership with Richard Wayman of Pump Court Chambers 12th Jan
Practice notes
Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 12th Jan
Practice notes
Sentences for fraud by false representationA person convicted of fraud by false representation in the Crown Court on indictment faces a maximum...
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9th Nov
Practice notes
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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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
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
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 12th Jan
Practice notes
Discretionary life sentencesA discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov
Practice notes
What is a football banning order?A football banning order is a measure designed to prevent offenders travelling to football matches in England and...
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9th Nov
Practice notes
The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In particular, the...
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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
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
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
Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden...
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9th Nov

Most recent Environmental offences content

Practice notes
Reviewed by Professor Richard MacroryEnforcement bodiesSince 4 January 2011, the Environment Agency (EA) has been using new enforcement powers under...
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24th Feb
Q&As
Waste removal noticeUnder section 59ZB(2) of the Environmental Protection Act 1990 (EPA 1990), the Environment Agency (EA), Natural Resources Wales...
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15th Feb
Q&As
Section 45 of the Environmental Protection Act 1990 (EPA 1990) requires each waste collection authority, subject to exceptions, to arrange the...
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Produced in partnership with Adam Heppinstall of Henderson Chambers 13th Feb
Q&As
For the purposes of this Q&A we have assumed the appeal is against an abatement notice for statutory nuisance issued in the magistrates' court.We...
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13th Feb
Q&As
The Environment Agency’s powers of entry and investigation are conferred by section 108 of the Environment Act 1995 and should...
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13th Feb
Precedents
[insert address of claimant's instructing solicitor][insert date]To: [insert name of person or local authority responsible; and address][insert...
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Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 11th Jan
Precedents
[name] [District] [Borough] [City] CouncilABATEMENT NOTICEmade under section 80 of the Environmental Protection Act 1990To: [name] of [address]Take...
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Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 11th Jan
Q&As
It is assumed that the supermarket car park is open to the air or, if covered, is open to the air on at least one side.The lawSection 87 of the...
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Produced in partnership with Denis Edwards of Normanton Chambers 8th Jan
Q&As
Section 33ZA of the Environmental Protection Act 1990 (EPA 1990) provides for a penalty notice to be issued and complied with instead of a conviction...
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Produced in partnership with Denis Edwards of Normanton Chambers 8th Jan
Precedents
[name, address and telephone number]To: The Clerk to the Justices,[name] Magistrates’ Court[date]Notice of Appeal against an abatement notice,...
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Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 8th Jan
Precedents
In the [insert name] Magistrates' Court[insert date]Defendant: [insert name of person responsible for the statutory nuisance OR where applicable, the...
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Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 8th Jan
Q&As
Many of the common environmental offences impose strict liability on the actions of a defendant. When an offence does not require proof of a mental...
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6th Dec
Practice notes
The Environment Agency and Natural Resources Wales have published ‘Offence Response Options’ guidance which sets out the available means...
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25th Sep

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