This Practice Note provides an introduction to criminal liability for environmental offences and the stages of the criminal process from pre-prosecution to sentencing. It highlights common environmental offences, explains the key principles of environmental liability including strict liability, corporate liability and liability of directors and senior managers and provides an overview of environmental crime enforcement for environmental breaches including the prosecution of environmental crime.
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 Behaviour, Crime and Policing Act 2014 (ABCPA 2014). It covers the scope and purpose of a Community Protection Notice (CPN) and a Public Spaces Protection Order (PSPO) explaining when they can be used, the procedure for obtaining and challenging such orders.
This Practice Note explains the circumstances in which an abatement notice may be issued for statutory nuisance and those in which it may be appealed. It explains when a statutory nuisance under section 79 of the Environmental Protection Act 1990 may arise, the term ‘best practicable means’ and the cross over with an appeal and a defence to an abatement notice. It also explains the recovery of costs incurred and appealing the decision of the magistrates’ court.
This Practice Note covers the noise nuisance offences that can be committed under section 79 of the Environmental Protection Act 1990. It also deals with the duties conferred on local authorities to investigate any complaint about excessive noise. It also covers sentences for breach of a noise abatement notices and criminal behaviour orders for noise pollution under the Anti Social Behaviour, Crime and Policing Act 2014.
This Practice Note explains the regime for addressing statutory nuisance such as smoke, noise, waste, fumes, dust, insects, animals or other pollution prejudicial to health under the Environmental Protection Act 1990 (EPA 1990). It explains how the EPA 1990 creates statutory nuisances offences, and where conduct would previously dealt with as public nuisances. It includes the categories of statutory nuisance under EPA 1990 which constitute an offence, including noise, waste, smoke, fumes, dust and the keeping of animals which are prejudicial to health or which cause a nuisance, elements of the offence, including the meaning of ‘prejudicial to health’ and ‘nuisance’ and penalties following conviction. It also considers the power to serve an statutory nuisance abatement notice, or the power to apply to the magistrates’ court for an abatement notice.
This Practice Note explains the offences which may be committed in respect of damage to wildlife. It includes information on the available statutory defences and the maximum sentences which can be imposed following conviction for wildlife offences by the criminal courts in England and Wales.
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