This Practice Note provides an introduction to environmental criminal liability, offences and the different stages of the criminal process from investigation to...
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...
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...
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:...
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...
Statutory nuisance leading to abatement notice A local authority has a duty to inspect its area from time to time for any statutory nuisances, and where a complaint of a...
Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
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...
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...
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...
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...
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....
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 •...
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...
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...
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...
The Control of Major Accident Hazards Regulations 2015 (COMAH 2015), SI 2015/483, aim to prevent major work place accidents occurring and put in place controls, so that...
Industrial diseases The Control of Substances Hazardous to Health Regulations 2002 (COSHH), SI 2002/2677, is one of the most important health and safety laws for any...
A parent company is not responsible for the acts or omissions of its subsidiary simply by virtue of its status as parent. Each subsidiary has separate corporate...
A disqualification order is made to protect the public from those who, for reasons of dishonesty, naivety or incompetence, abuse their role and status as a director....
The Environment Agency (EA), Natural Resources Wales (NRW) and Health and Safety Executive (HSE) have extensive, but not unlimited, powers to enter premises. Environment...
The Environment Agency (EA) is one of the regulators responsible for the enforcement of environmental law and the prosecution of environmental crime in England. Other...
Reviewed by Professor Richard Macrory Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using six new...
Reviewed by Professor Richard Macrory. Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using six new...
Reviewed by Professor Richard Macrory Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal...
Reviewed by Professor Richard Macrory. Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using six new...
