Conducting an investigation into environmental crime
Produced in partnership with Christopher Badger of 6 Pump Court
Conducting an investigation into environmental crime

The following Corporate Crime practice note Produced in partnership with Christopher Badger of 6 Pump Court provides comprehensive and up to date legal information covering:

  • Conducting an investigation into environmental crime
  • Preventing further environmental damage
  • Strict liability
  • Harm caused
  • Mitigation
  • Obligations to report
  • Collection of evidence
  • Assisting the regulator with the investigation
  • Maintaining appropriate lines of communication
  • Conducting an internal investigation
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?

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 managing such an incident.

Managing an incident does not equate to being uncooperative with an investigation authority. In most cases, open and transparent cooperation will almost certainly be the best policy.

But proper preparation for a possible future environmental incident mandates that clear policies should be in place so that, when an incident does occur, appropriate resources are directed towards minimising an environmental harm, effective controlled communication with the regulator and the appropriate collection of evidence and subsequent analysis.

For information about the powers held by the regulators to investigate environmental crime, see Practice Notes:

  1. Environment Agency—powers to investigate environmental crime

  2. Environment Agency (EA)—powers of entry

  3. Natural Resources Wales—powers to investigate environmental crime

  4. Natural England—powers to investigate

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