Environmental and heritage offences

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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
A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review or an appeal by case stated....
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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
The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
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9th Nov
Practice notes
Specific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence requires a purposive intent...
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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
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
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
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 introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
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 Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan
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
What is an absolute discharge?An absolute discharge is the most lenient sentence available to the court and is imposed where the court is satisfied...
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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
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
Practice notes
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a...
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9th Nov

Most recent Environmental and heritage offences content

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
Q&As
The Conservation of Habitats and Species Regulations 2017 (CHSR 2017), SI 2017/1012 creates a series of criminal offences. Generally speaking, the...
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Produced in partnership with Peter Ware of Browne Jacobson 22nd 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 22nd Mar
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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Produced in partnership with Richard Macrory of University College London 19th Mar
Practice notes
The Building Regulations 2010, SI 2010/2214 (the Building Regulations) are made under the Building Act 1984 (BA 1984). They impose a set of minimum...
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18th Mar
Q&As
The making of a property closure order involves a two-stage process.The first is the closure notice and then secondly, a closure order can be applied...
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Produced in partnership with Aisha Akhtar of Network Homes 10th 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
Practice notes
The Planning Act 2008 (PA 2008) received Royal Assent on 26 November 2008. PA 2008 reformed the planning application process in England and Wales to...
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3rd Mar
Practice notes
Works to treesGenerally, work to trees does not constitute development under section 55 of the Town and Country Planning Act 1990 (TCPA 1990) so that...
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23rd Feb
Practice notes
What hedgerows are protected?Certain hedgerows are protected by the Hedgerows Regulations 1997, SI 1997/1160 (HR 1997), enacted under the Environment...
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23rd 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
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

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