An introductory guide to environmental criminal liability


Produced in partnership with Jeremy Phillips KC of FTB Chambers and Charles Forrest of FTB Chambers
Practice notes

An introductory guide to environmental criminal liability


Produced in partnership with Jeremy Phillips KC of FTB Chambers and Charles Forrest of FTB Chambers

Practice notes
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This Practice Note provides an introduction to environmental criminal liability, offences and the different stages of the criminal process from pre-prosecution to sentencing.

It is not intended to cover specific offences or categories of offences. For information on specific environmental offences, see: Environmental offences and prosecutions—overview. For information on the investigation and Enforcement of environmental crime, see Practice Notes: Environmental prosecution and enforcement policy, Conducting an investigation into environmental crime and How to conduct an investigation into environmental crime.

Categories of environmental crime

Some of the most common ways of committing an environmental offence include:

  1. •

    causing pollution

  2. •

    knowingly permitting pollution

  3. •

    breach of a statutory duty

  4. •

    breach of an authorisation (eg a permit)

  5. •

    breach of a prohibition

  6. •

    failure to comply with a notice

Causing pollution

An example of such an offence is to ‘knowingly cause’ Controlled waste to be deposited.

To knowingly cause does not require intention, fault or any knowledge of action or inaction, only some positive act or operation.

The

Jeremy Phillips
Jeremy Phillips, KC

Barrister (and Non-Practising Solicitor), FTB Chambers

As a leading barrister and former solicitor/partner in two international law firms, Jeremy represents companies, as well as government departments, councils, police forces and residents' groups across a unique range of associated legal disciplines.

His strategic and organisational skills in planning / highways, regulation, licensing and mediation derive from working for many years at the highest levels in both professions.

Qualified as solicitor in London in 1980. Partner Cartwrights (1982). Co-founder Holt Phillips (1984).

Equity partner Eversheds (following merger with Holt Phillips) (1994). Partner Osborne Clarke (2001) on consolidation of Eversheds' South West practices in Cardiff. Leader of national teams in both firms. Called to the Bar in 2004. Chambers of Andrew Tait QC, Francis Taylor Building ('FTB'), Inner Temple (2006 - date). Accredited mediator - CEDR (2008). Bar Council accredited to accept Public (direct) Access work (2010 - date). Member of the Bar Council (2014 - 2015) Ethics Committee (2015 - date). Also member of: Attorney-General's Panel (2006 - 2012); Constitutional and Administrative Law Bar Association (ALBA); Planning & Environment Bar Association (PEBA); Health & Safety Lawyers Association (HSLA); UK Environmental Lawyers Association (UKELA); Association of Regulatory & Disciplinary Lawyers (ARDL). Appointed QC in 2018.

Editor in Chief of 'Paterson's Licensing Acts' (105th Edition - date: Gen Ed since 1997); LexisPSL: Corporate Crime, Environmental Statutory Nuisance and Wildlife Crime (2017); Halsbury's Laws of England (contributor to 4th and 5th Editions) - Volumes 13, 26, 67 & 68; Atkins Court Forms - Precedents of Pleadings and Procedure - Volume 27 (1) and 'Phillips' Licensing Guide' (1st, 2nd and 3rd Editions).Ìý

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Charles Forrest
Charles Forrest

FTB Chambers

Charles is a barrister at Francis Taylor Building (FTB) Chambers.Ìý
Ìý
His areas of practice include Planning and Environment; Public and Local Government including judicial review; Rights of Way, Highways and Traffic; Infrastructure; Compulsory Purchase and Compensation; Regulatory/Criminal; Protests, Injunctions, and Committal; Licensing, Police, and Anti-social Behaviour; Rating and Council Tax; Tort and Land (often with a planning dimension)
Ìý
He is regularly instructed by local authorities and other public bodies, large and small developers, action groups and similar, and individuals.
Ìý
He has appeared as sole counsel before the High Court, planning inquiries, enforcement inquiries, traffic inquiries, DCO issue specific hearings, the Valuation Tribunal, Crown Court, County Court, Magistrates’ Court, and Council sub-committees.Ìý

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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