Environmental sanctions and prosecutions

Environmental sanctions 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

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

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

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...

Practice Note

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....

Practice Note

The Environment Agency (EA), Natural Resources Wales (NRW) and Health and Safety Executive (HSE) have extensive, but not unlimited, powers to enter premises. Environment...

Practice Note

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...

Practice Note

Reviewed by Professor Richard Macrory Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences...

Practice Note

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...

Practice Note

Reviewed by Professor Richard Macrory 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...

Practice Note

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...

Practice Note

Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using six new civil sanctions, instead of...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

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

The Environment Agency and Natural Resources Wales have published ‘Offence Response Options’ guidance which sets out the available means of enforcement for offences...

Practice Note

A requestor, or more appropriately a complainant, may complain about the way a request for environmental information has been handled if they consider that a public...

Practice Note

This Practice Note considers the procedures that apply in determining whether to grant an environmental permit under Environmental Permitting (England and...

Practice Note

Environmental enforcement principles Three principles form the basis of environmental protection in the UK: • the preventative principle—promotes the prevention of...

Practice Note

Restriction notices Section 109A of the Environment Act 1995 (EA 1995) gives the Environment Agency (EA) and Natural Resources Wales (NRW) in England and Wales the power...

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