Environmental sanctions and prosecutions

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Practice notes
Public nuisancePublic nuisance involves a nuisance being carried out, which affects a section of the general public. It has been defined as: 'acts or...
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9th Nov
Practice notes
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 12th Jan
Practice notes
This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
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9th Nov
Practice notes
Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 12th Jan
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
Controlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection Act 1990 (EPA 1990), see Definition of...
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9th Nov
Practice notes
What is insurance law?Insurance law can be split into three parts:•insurance contract law which governs the contractual relationship between insureds...
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9th Nov
Practice notes
General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for...
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Produced in partnership with ELM Law 12th Jan
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
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are...
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Produced in partnership with ELM Law 12th Jan
Practice notes
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of...
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Produced in partnership with RPC 12th Jan
Practice notes
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it....
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9th Nov

Most recent Environmental sanctions and prosecutions content

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 12th May
Practice notes
When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...
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Produced in partnership with Laura Phillips of 6 Pump Court 5th May
Practice notes
Natural Resources Wales (NRW) is the principal regulator responsible for the enforcement of environmental law and the prosecution of environmental...
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Produced in partnership with Christopher Badger of 6 Pump Court 5th May
Practice notes
Environmental incidents often happen without warning and with significant consequences. It can be easy in those circumstances to fail to maintain a...
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Produced in partnership with Christopher Badger of 6 Pump Court 28th Apr
Practice notes
When does Natural England investigate?There is an overlap between the responsibilities of the various enforcement bodies (eg the police, local...
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Produced in partnership with Laura Phillips of 6 Pump Court 23rd Apr
Practice notes
The Environment Agency (EA) is one of the regulators responsible for the enforcement of environmental law and the prosecution of environmental crime...
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Produced in partnership with Christopher Badger of 6 Pump Court 23rd Apr
Practice notes
The procedural rules relating to the criminal courts’ powers to make compensation orders are contained in sections 133 to 146 of the Sentencing Act...
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20th Apr
Practice notes
Coronavirus (COVID-19): To help businesses cope with the disruption caused by Coronavirus, COVID-19, the Environment Agency (EA) has published a...
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Produced in partnership with Craig Burman of Schofield Sweeney 19th Apr
Q&As
Legislative references to the power of a magistrates’ court to impose a sentence of imprisonment of up to 12 months on summary conviction can lead to...
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15th Apr
Practice notes
Entry into forceTitleDirective 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment...
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14th Apr
Practice notes
This Practice Note provides an introduction to environmental criminal liability, offences and the different stages of the criminal process from...
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Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 9th Apr
Practice notes
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...
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9th Apr
Practice notes
Statutory nuisance leading to abatement noticeA local authority has a duty to inspect its area from time to time for any statutory nuisances, and...
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Produced in partnership with Jeremy Phillips QC and Charles Forrest of Francis Taylor Building 9th Apr
Practice notes
The power of the court to order the forfeiture of property under the Sentencing Act 2020The Sentencing Act 2020 (SA 2020), also known as the...
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9th Apr
Practice notes
Environmental enforcement principlesThree principles form the basis of environmental protection in the UK:•the preventative principle—promotes the...
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Produced in partnership with Christopher Badger of 6 Pump Court 9th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...
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9th Apr
Practice notes
STOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code, regardless of the date...
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7th Apr
Practice notes
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...
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31st Mar
Practice notes
This Practice Note considers the purposes of and procedure applicable to confiscation under the Proceeds of Crime Act 2002 (POCA 2002), which replaced...
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26th Mar

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