Jeremy Phillips, KC

This Practice Note provides an introduction to criminal liability for environmental offences and the stages of the criminal process from pre-prosecution to sentencing. It highlights common environmental offences, explains the key principles of environmental liability including strict liability, corporate liability and liability of directors and senior managers and provides an overview of environmental crime enforcement for environmental breaches including the prosecution of environmental crime.

This Practice Note explains the powers available to deal with anti-social behaviour in an environmental context, in particular those introduced by the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014). It covers the scope and purpose of a Community Protection Notice (CPN) and a Public Spaces Protection Order (PSPO) explaining when they can be used, the procedure for obtaining and challenging such orders.

This Practice Note explains the circumstances in which an abatement notice may be issued for statutory nuisance and those in which it may be appealed. It explains when a statutory nuisance under section 79 of the Environmental Protection Act 1990 may arise, the term ‘best practicable means’ and the cross over with an appeal and a defence to an abatement notice. It also explains the recovery of costs incurred and appealing the decision of the magistrates’ court.

This Practice Note explains the application of the key legislation for the licensing of alcohol and entertainment. It discusses how the Licensing Act 2003 applies to licensing authorities in relation to relevant licensable activities, variation and review of licences and the appeals process.

This Practice Note covers the noise nuisance offences that can be committed under section 79 of the Environmental Protection Act 1990. It also deals with the duties conferred on local authorities to investigate any complaint about excessive noise. It also covers sentences for breach of a noise abatement notices and criminal behaviour orders for noise pollution under the Anti Social Behaviour, Crime and Policing Act 2014.

This Practice Note explains the regime for addressing statutory nuisance such as smoke, noise, waste, fumes, dust, insects, animals or other pollution prejudicial to health under the Environmental Protection Act 1990 (EPA 1990). It explains how EPA 1990 creates statutory nuisances offences where conduct would previously have been dealt with as public nuisances. It includes the categories of statutory nuisance under EPA 1990 which constitute an offence, including noise, waste, smoke, fumes, dust and the keeping of animals which are prejudicial to health or which cause a nuisance, elements of the offence, including the meaning of ‘prejudicial to health’ and ‘nuisance’ and penalties following conviction. It considers the power to serve an statutory nuisance abatement notice, or the power to apply to the magistrates’ court for an abatement notice. It also addresses the introduction of a statutory offence of public nuisance under the Police, Crime, Sentencing and Courts Act 2022 and the abolition of the common law offence.

This Practice Note explains the offences which may be committed in respect of damage to wildlife. It includes information on the available statutory defences and the maximum sentences which can be imposed following conviction for wildlife offences by the criminal courts in England and Wales.

This Precedent is an abatement notice for statutory nuisance issued under section 80 of the Environmental Protection Act 1990. Local authorities are under a duty to serve an abatement notice where they are satisfied that a statutory notice as defined by section 79 of the Environmental Protection Act 1990 exists or is likely to occur or recur.

This Precedent is a notice of appeal against an abatement notice for statutory nuisance made pursuant to section 80(3) of the Environmental Protection Act 1990. Under this provision, a person who has been served with an abatement notice may appeal against the notice to a magistrates' court within 21 days beginning with the date on which they were served with the abatement notice.

This is a Precedent private action for a statutory nuisance. The complaint is made to the Magistrates’ Court. The form covers all matters other than civil debts. If satisfied that such a nuisance exists, the court may make an order requiring the defendant to abate or restrict it.

This is a precedent notice issued by the claimant to the defendant under the Environmental Protection Act 1990, s 82(6). It alerts the defendant of the claimant’s intention to bring proceedings against them in the magistrates’ court for statutory nuisance.