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 are:

1. •

   Environment Agency (EA)

2. •

   Natural Resources Wales (NRW)

3. •

   Natural England

4. •

   Health and Safety Executive

For more information, see: Environmental regulators—overview and Environmental offences—overview.

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 a realistic prospect of conviction, it is in the public interest to proceed

Public interest factors considered by environmental regulators include:

1. •

   impact on the environment

2. •

   foreseeability of the offence and the circumstances leading up to it

3. •

   grounds for believing the offence is likely to be continued, or repeated (eg a history of recurring conduct)

4. •

   deterrent effect of prosecution

5. •

   intent