Christian Jowett

This Practice Note explains the powers which the Environment Agency (EA) has to investigate and prosecute environmental crime in England. It covers powers under the Environment Act 1995, s 108 (section 108 powers), the application of the Police and Criminal Evidence Act 1984 (PACE 1984), powers of entry, interviews under caution, compulsory interviews, power to obtain samples and documents as well as considering the offence of obstructing an officer.

This Practice Note explains who is responsible for the enforcement and prosecution of environmental laws in England and Wales—the Environment Agency (EA), Natural Resources Wales (NRW), Natural England (NE) and local authorities. It also identifies the principles which drive environmental enforcement and prosecution policy as well as explaining the different enforcement options available to these regulators.

This Practice Note explains the division of responsibility between Natural England and the Environment Agency (EA) to investigate environmental offences, the powers available to Natural England for the investigation of environmental offences, and provides practical advice for companies under investigation and offences that may be committed during the course of an investigation.

This Practice Note explains the powers of Natural Resources Wales (NRW) to investigate and prosecute environmental crime in Wales. It covers the role and remit of NRW, powers under section 108 of the Environment Act 1995 (section 108 powers), as well as its powers to require the removal of waste and to search and seize vehicles under the Environmental Protection Act 1990. It also covers NRW powers under the application of the Police and Criminal Evidence Act 1984 (PACE 1984), powers of entry, interviews under caution, compulsory interviews as well as the criminal offence of obstructing an officer.

This Practice Note explains the approach the courts take when sentencing individuals found guilty of environmental crime and specifically breaches of section 33 of the Environmental Protection Act 1990 (EPA 1990) (unauthorised or harmful deposit, treatment or disposal of waste) and regulations 12 and 38 of the Environmental Permitting (England and Wales) Regulations (illegal discharges to air, water and land). It explains the requirements of the Sentencing Council’s sentencing Guidelines for these offences, provides examples of sentences imposed for environmental breaches and outlines the approach to mitigation in environmental sentencing. It describes the 12 steps to sentencing an individual commencing with compensation, and covering also confiscation, determining the offence category, determining the appropriate starting point, ensuring that the combination of financial orders (compensation, confiscation if appropriate, and fine) removes any economic benefit derived from the offending, considering other factors that may warrant adjustment of the proposed fine and any other factors which indicate a reduction, such as assistance to the prosecution, making any reduction to reflect guilty pleas, considering ancillary orders, applying the totality principle, giving reasons and considering any time spent on bail.