Q&As

Who can bring a prosecution for breaches of the Conservation of Habitats and Species Regulations 2017, SI 2017/1012?

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Produced in partnership with Peter Ware of Browne Jacobson
Published on LexisPSL on 16/04/2019

The following Corporate Crime Q&A produced in partnership with Peter Ware of Browne Jacobson provides comprehensive and up to date legal information covering:

  • Who can bring a prosecution for breaches of the Conservation of Habitats and Species Regulations 2017, SI 2017/1012?

Who can bring a prosecution for breaches of the Conservation of Habitats and Species Regulations 2017, SI 2017/1012?

The Conservation of Habitats and Species Regulations 2017 (CHSR 2017), SI 2017/1012 creates a series of criminal offences. Generally speaking, the police and Crown Prosecution Service (CPS) are responsible for deciding whether or not to bring prosecutions under these provisions. There is no equivalent provision to, for example, section 28P(10) of the Wildlife and Countryside Act 1981, which reserves habitat site of special scientific interest offences to Natural England (NE) (in England) and Natural Resources Wales (NRW) (in Wales) subject to consent for other prosecutors from the Director of Public Prosecutions

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