Environmental and heritage 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 and heritage offences content

Practice notes
Local authorities—powers to investigate environmental crimeWhen do local authorities investigate environmental offences?Environmental offences cover a...
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Produced in partnership with Laura Phillips of 6 Pump Court 17th Sep
Practice notes
Conducting an investigation into environmental crimeEnvironmental incidents often happen without warning and with significant consequences. It can be...
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Produced in partnership with Christopher Badger of 6 Pump Court 17th Sep
Q&As
In circumstances where a company has been selling product which is contaminated with Japanese knotweed, what potential liability could the company...
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13th Sep
Practice notes
Unauthorised or harmful deposit, treatment or disposal of wasteThis Practice Note covers the prohibition on the unauthorised or harmful deposit,...
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8th Sep
Practice notes
Waste offencesWaste offencesThe regulation of waste is governed by Part II of the Environmental Protection Act 1990 (EPA 1990), and the Environmental...
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6th Sep
Practice notes
Confiscation in Regulatory CasesIn the Crown Court, on application of the prosecutor (or on its own motion if the court thinks it appropriate), the...
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Produced in partnership with Kennedy Talbot QC of 33 Chancery Lane Chambers 2nd Sep
Q&As
What is the limitation period for bringing a prosecution for failing to pay a fixed penalty notice under section 33ZA of the Environmental Protection...
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Produced in partnership with Denis Edwards of Normanton Chambers 2nd Sep
Practice notes
Noise nuisance offencesNoise is just one type of statutory nuisance under the Environmental Protection Act 1990 (EPA 1990). For information about...
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Produced in partnership with Jeremy G Phillips of FTB Chambers and Charles Forrest of FTB Chambers 1st Sep
Practice notes
Sentencing organisations 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 24th Aug
Practice notes
Heritage prosecutionsOffences against heritage propertyHeritage crime is defined as 'any offence which harms the value of heritage assets and their...
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18th Aug
Q&As
Do the Police have power to issue notices under section 46 of the Environmental Protection Act 1990? Could they be granted delegated power to issue...
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Produced in partnership with Adam Heppinstall of Henderson Chambers 15th Aug
Q&As
What is the time limit for prosecuting a defendant for failing to have a licence for a house in multiple occupation?Part 2 of the Housing Act 2004 (HA...
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15th Aug
Practice notes
Environmental Permitting Regulations 2016—enforcement, offences and civil sanctionsCoronavirus (COVID-19): The Environment Agency (EA) has published a...
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Produced in partnership with Craig Burman of Schofield Sweeney 11th Aug
Practice notes
Fly-tipping offencesWhat is fly-tipping?Fly-tipping is the illegal deposit of waste. It can cause pollution, harm to human health and can affect the...
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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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