Sentencing individuals for environmental offences
Produced in partnership with Christian Jowett of 30 Park Place, Cardiff and 36 Group, London
Practice notesSentencing individuals for environmental offences
Produced in partnership with Christian Jowett of 30 Park Place, Cardiff and 36 Group, London
Practice notesThe Sentencing Council has published offence specific sentencing guidelines (the Guidelines) for use in 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 regulations 12, 38(1), (2) and (3) of the Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154 (EPR 2016). The Guidelines also refer to the now repealed Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675, which the EPR 2016 replaced.
The Guidelines are effective from 1 July 2014, regardless of when the offence took place. However, they do not extend to Scotland or Northern Ireland although the sentencing courts in these jurisdictions may have Reference to them to assist them when sentencing. For information on the investigation, prosecution and sentencing of environmental offences in Scotland, see: Scottish environmental enforcement—overview.
The Sentencing Council has also published sentencing guidelines for the
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