Environmental enforcement and prosecutions

Environmental enforcement and prosecutions guidance:

This Practice Note provides an introduction to environmental criminal liability, offences and the different stages of the criminal process from investigation to...

Practice Note

This Practice Note explains the powers available to deal with anti-social behaviour in an environmental context, in particular those introduced by the Anti-social...

Practice Note

Reform of anti-social behaviour powers (2014) The Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) has reformed the tools available for dealing with...

Practice Note

This Practice Note explains how to appeal to the Crown Court against a sentence imposed by the magistrates’ court. It may be read in conjunction with Practice Note:...

Practice Note

This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the magistrates’ court to the...

Practice Note

Statutory nuisance leading to abatement notice A statutory nuisance is an activity which is or is likely to be: • a nuisance, or • prejudicial to health It is the...

Practice Note

Brexit impact This content is likely to be impacted by the UK’s withdrawal from the EU. For information on how leaving the EU will affect environmental law, see Practice...

Practice Note

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 requires the offender...

Practice Note

Environmental incidents often happen without warning and with significant consequences. It can be easy in those circumstances to fail to maintain a clear head about...

Practice Note

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 confiscation order...

Practice Note

This Practice Note considers the purposes of and procedure applicable to confiscation under the Proceeds of Crime Act 2002 (POCA 2002), which replaced the previous...

Practice Note

Right of appeal Anyone served with a remediation notice under the Environmental Protection Act 1990, Pt IIA (EPA 1990) has a statutory right of appeal against the notice....

Practice Note

Consequences of non-compliance If a requirement in a remediation notice has not been carried out, the enforcing authority will need to consider whether to: • prosecute •...

Practice Note

Who may be liable? Anyone who is an 'appropriate person' may be liable for remediation of contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA...

Practice Note

Penalties The Control of Asbestos Regulations 2012, SI 2012/632 (‘CAR’) were made under Health and Safety at Work etc. Act 1974, s 15 (‘HSWA 1974’). They are an example...

Practice Note

TitleDirective 2012/18/EU of the European parliament and of the council of 4 July 2012 on the control of major accident hazards involving dangerous substances (Seveso...

Practice Note