Environmental and heritage offences

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Practice notes
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
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9th Nov
Practice notes
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they...
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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
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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Produced in partnership with Leon Kazakos QC of 2 Hare Court 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
What is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates'...
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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
Voluntary bill of indictmentAn indictment may, exceptionally, be preferred (ie served on a Crown Court) by the direction or with the consent of a High...
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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
What are hygiene improvement notices?Hygiene improvement notices are used by enforcement authorities such as the Food Standards Agency (FSA) or a...
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9th Nov
Practice notes
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
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9th Nov
Practice notes
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 12th Jan
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
Obtaining services dishonestlyIt is an offence for a defendant to obtain, by any dishonest act, services for which payment is required, with intent to...
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9th Nov
Practice notes
Intimate Samples from a detained suspectAn intimate sample is:•a sample of blood, semen or any other tissue fluid, urine or pubic hair•a dental...
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9th Nov
Practice notes
Civil investigation of tax fraudHMRC’s published policy in respect of tax fraud states that HMRC will seek to use a civil rather than criminal...
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Produced in partnership with Corker Binning 12th Jan

Most recent Environmental and heritage offences content

Practice notes
What is fly-tipping?Fly-tipping is the illegal deposit of waste. It can cause pollution, harm to human health and can affect the amenity of the area....
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19th Apr
Q&As
Environmental liabilityThe company could be liable under a number of environmental regimes, including criminal liability under the:•Wildlife and...
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16th Apr
Practice notes
Environmental incidents often happen without warning and with significant consequences. It can be easy in those circumstances to fail to maintain a...
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Produced in partnership with Christopher Badger of 6 Pump Court 16th Apr
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 Craig Burman of Schofield Sweeney 13th 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
Offences against heritage propertyHeritage crime is defined as 'any offence which harms the value of heritage assets and their settings for this and...
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9th 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
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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Produced in partnership with Laura Phillips 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...
Read More >
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...
Read More >
Produced in partnership with Jeremy Phillips QC and Charles Forrest of Francis Taylor Building 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
This Practice Note explains the offences which may be committed under either the Town and Country Planning Act 1990 (TCPA 1990) or the Planning...
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8th Apr
Practice notes
Under the Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. For these purposes, a breach...
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8th Apr
Practice notes
There are three ways in which a local planning authority (LPA) may take enforcement action against unauthorised works, or potential/impending future...
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8th Apr
Q&As
Part 2 of the Housing Act 2004 (HA 2004) makes provision for a house in multiple occupation (HMO) to require a licence.HA 2004, s 61 imposes the legal...
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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
In the Crown Court, on application of the prosecutor (or on its own motion if the court thinks it appropriate), the court must consider making a...
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Produced in partnership with Kennedy Talbot QC of 33 Chancery Lane Chambers 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

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