Sentencing individuals for environmental offences
Produced in partnership with Christopher Badger of 6 Pump Court
Sentencing individuals for environmental offences

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:

  • Sentencing individuals for environmental offences
  • Twelve steps to sentencing an individual
  • Step 1—compensation
  • Step 2—confiscation
  • Step 3—determining the offence category
  • Step 4—determining the starting point
  • Step 5—ensure that the combination of financial orders (compensation, confiscation if appropriate, and fine) removes any economic benefit derived from the offending
  • Step 6—consider other factors that may warrant adjustment of the proposed fine
  • Step 7—consider any factors which indicate a reduction, such as assistance to the prosecution
  • Step 8—reduction for guilty pleas
  • More...

Sentencing individuals for environmental offences

The Sentencing Council has published offence specific sentencing guidelines for use in the magistrates’ courts and Crown Courts in England and Wales for the unauthorised or harmful deposit, treatment or disposal of waste and for illegal discharges to air, water and land contrary to section 33 of the Environmental Protection Act 1990 (EPA 1990) and the Environmental Permitting (England and Wales) Regulations. Note that while the guidelines make reference to the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675, these have been revoked and replaced by the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 and so references in the guidelines to EPR 2010 should be read to include reference to EPR 2016.

The Sentencing Council has also published sentencing guidelines for the following other environmental offences, but these are based upon guidelines in place for unauthorised or harmful deposit, treatment or disposal of waste and for illegal discharges to air, water and land, and sentencing courts are instructed to refer to the sentencing approach in steps 1–3 and 5 and 6 of the main guidelines, adjusting the starting points and ranges to take account of the statutory maximum penalties for these offences:

  1. breach of duty of care (EPA 1990, s 34)

  2. transporting controlled waste without registering (section 1 of the Control of Pollution (Amendment)

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