Natural England—powers to investigate environmental crime

Produced in partnership with Christian Jowett of 30 Park Place, Cardiff and 36 Group, London
Practice notes

Natural England—powers to investigate environmental crime

Produced in partnership with Christian Jowett of 30 Park Place, Cardiff and 36 Group, London

Practice notes
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When does Natural England investigate?

There is an overlap between the responsibilities of the various enforcement bodies (eg the police, local authorities, the Environment Agency (EA), Natural England (NE), Natural Resources Wales (NRW)) that are responsible for crimes concerning the environment. In any environmental investigation, the starting point is always to establish which body is responsible for enforcement.

For information on the powers held by other environmental enforcement agencies, see Practice Notes:

  1. Environment Agency—powers to investigate environmental crime

  2. Natural Resources Wales—powers to investigate environmental crime

  3. Local authorities—powers to investigate environmental crime

  4. Scottish Environment Protection Agency—powers to investigate environmental crime

For information on the enforcement of environmental offences generally, see Practice Note: Environmental prosecution and enforcement policy.

NE is an executive Non-Departmental Public Body sponsored by the Department for Environment, Food and Rural Affairs (Defra) which was established to conserve England’s wildlife, land and seas.

Natural England has limited statutory enforcement responsibilities. It deals predominantly with crimes affecting wildlife and its habitats. Specifically:

  1. where

Christian Jowett
Christian Jowett chambers

Christian’s core specialisms lie in regulatory law and in administrative law.

Christian’s environmental crime practice focuses primarily on waste, but extends to the whole calendar of environmental offending. He has a particular interest in subsidiary confiscation and asset recovery under the Proceeds of Crime Act 2002, which is best represented by R v Morgan [2013] EWCA Crim. 1307, [2014] 1 All E.R. 1208, [2014] Env.L.R. 5, [2013] Lloyd's Rep FC 655, an appeal arising from an environmental prosecution, which concerned the interface between criminal confiscation, environmental regulation, landfill tax and the effect of Article 1, Protocol 1 to the ECHR.

A longstanding member of the Wales Working Party of the UK Environmental Law Association, Christian was elected to its National Council in 2017 with special responsibility for Wales, and has for several years co-convened UKELA’s Wales Devolved Group.

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Jurisdiction(s):
United Kingdom
Key definition:
Natural England definition
What does Natural England mean?

The Government’s adviser on the natural environment, providing practical scientific advice on how to look after England's landscapes and wildlife. Natural England is an executive non-departmental public body, sponsored by the Department for Environment, Food & Rural Affairs. Within England Natural England is responsible for helping land managers and farmers protect wildlife and landscapes, advising on the protection of the marine environment in inshore waters (0 to 12 nautical miles), improving public access to the coastline, supporting National Trails and managing 140 National Nature Reserves, providing planning advice and wildlife licences through the planning system, managing programmes that help restore or recreate wildlife habitats, conserving and enhancing the landscape, and providing evidence to help make decisions affecting the natural environment.

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