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
Anti-social behaviour—environmental breachesThis Practice Note explains the powers available to deal with anti-social behaviour in an environmental...
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Produced in partnership with Jeremy G Phillips of FTB Chambers and Charles Forrest of FTB Chambers 11th Aug
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 11th Aug
Practice notes
Statutory nuisanceStatutory nuisance under the Environmental Protection Act 1990A wide range of conduct (eg emission of smoke, fumes, dust etc), which...
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Produced in partnership with Jeremy G Phillips of FTB Chambers and Charles Forrest of FTB Chambers 11th Aug
Practice notes
Water offencesWater discharge and groundwater activitiesWater discharge activities or ground water activities offences are regulated by the...
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11th Aug
Practice notes
Environmental restriction notices and restriction ordersRestriction noticesSection 109A of the Environment Act 1995 (EA 1995) gives the Environment...
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11th Aug
Practice notes
Sentencing individuals for environmental offencesThe Sentencing Council has published offence specific sentencing guidelines for use in the...
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Produced in partnership with Christopher Badger of 6 Pump Court 11th Aug
Practice notes
Wildlife crimeWildlife offencesOffences in respect of damage to wildlife are provided for principally by the Wildlife and Countryside Act 1981 (WCA...
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Produced in partnership with Jeremy G Phillips of FTB Chambers and Charles Forrest of FTB Chambers 11th Aug
Practice notes
Environmental enforcement undertakings—environmental permitting—trackerRegulatory Enforcement and Sanctions Act 2008 enables regulators to be given...
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11th Aug
Precedents
Notice of appeal pursuant to section 80(3) of the Environmental Protection Act 1990 against an abatement notice for a statutory nuisance[name, address...
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Produced in partnership with Jeremy G Phillips of FTB Chambers and Charles Forrest of FTB Chambers 11th Aug
Precedents
Private action for a statutory nuisance—complaint to the magistrates’ court—section 82 of Environmental Protection Act 1990In the [insert name]...
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Produced in partnership with Jeremy G Phillips of FTB Chambers and Charles Forrest of FTB Chambers 11th Aug
Precedents
Abatement notice for a statutory nuisance made under the section 80 of the Environmental Protection Act 1990[name] [District] [Borough] [City]...
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Produced in partnership with Jeremy G Phillips of FTB Chambers and Charles Forrest of FTB Chambers 11th Aug
Precedents
Private action for a statutory nuisance—notice under section 82(6) of Environmental Protection Act 1990[insert address of claimant's instructing...
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Produced in partnership with Jeremy G Phillips of FTB Chambers and Charles Forrest of FTB Chambers 11th Aug
Q&As
How can you appeal an abatement notice served for a statutory nuisance under section 80 of the Environmental Protection Act 1990?For the purposes of...
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11th Aug
Q&As
What powers of entry and for what purposes does the Environment Agency have?The Environment Agency’s powers of entry and investigation are conferred...
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11th Aug
Q&As
Who can bring a prosecution for breaches of the Conservation of Habitats and Species Regulations 2017, SI 2017/1012?The Conservation of Habitats and...
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Produced in partnership with Peter Ware of Browne Jacobson 11th Aug
Q&As
Is an offence under section 111 of the Water Industry Act 1991 a strict liability offence?Many of the common environmental offences impose strict...
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11th Aug

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