6 Pump Court

Experts

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Anne Williams
6 Pump Court
Laura Phillips
Barrister
6 Pump Court
Contributions by 6 Pump Court Experts

3

Conducting an investigation into environmental crime
Conducting an investigation into environmental crime
Practice notes

This Practice Note explains the issues lawyers need to think about when advising a client following a waste offence, water offence, environmental permit offence, pollution or other environmental breach. It covers the need to prevent further environmental damage following an environmental incident, the duty to report the incident to environmental regulators such as the Environment Agency (EA) or local authority, the collection of evidence during the investigation, interaction with the investigating regulator including responding to EA investigations or other regulator investigations, and what to consider when conducting an internal investigation into an environmental breach such as the production of internal investigation reports into environmental offences.

Sentencing individuals for environmental offences
Sentencing individuals for environmental offences
Practice notes

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. It also contains some illustrative sentences imposed on individuals using these environmental offences sentencing guidelines.

Sentencing organisations for environmental offences
Sentencing organisations for environmental offences
Practice notes

This Practice Note explains the approach the courts take when sentencing organisations 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, the factors which the court will consider on sentencing environmental breaches and the starting point for fines imposed on large corporate offenders. Mitigation features and aggravating features in environmental sentencing are covered as well as the ancillary orders which can also be made on conviction for environmental crimes are also highlighted.

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