Environmental sanctions and prosecutions

Enforcement of environmental offences—prosecution

Environmental regulators have direct enforcement responsibilities for the investigation of breaches of environmental law, and a duty to apply regulatory powers to address offences falling within their remit. The principal environmental regulators in England and Wales are:

1. •

   the Environment Agency (EA)

2. •

   Natural Resources Wales (NRW)

3. •

   Natural England

4. •

   Local authorities

5. •

   the Health and Safety Executive (HSE)

For more information, see Practice Notes: Environmental regulators—overview, Environmental offences—overview and Environmental prosecution and enforcement policy. The latter explains who is responsible for the enforcement and prosecution of environmental laws in England and Wales. It also identifies the principles which drive environmental enforcement and prosecution policy as well as explaining the different enforcement options available to these regulators.

In outline, unless the statute creating a particular offence says otherwise regulators have a power, but not a duty, to prosecute. Regulators are generally bound by the Code for Crown Prosecutors, meaning that a prosecution will proceed only if:

1. •

   there is enough evidence to provide a 'realistic prospect of conviction against each defendant on each charge', and

2. •

   where there is