New Sentencing Guidelines For Environmental Offences

February 2014 saw the Sentencing Council launch a set of new guidelines for judges and magistrates aimed at increasing the penalties imposed on serious environmental offenders. These guidelines are set to impact on those working in the nuclear industry and elsewhere, and will come into force on the 1st July 2014.

This draft is the first time that the Sentencing Council has produced guidelines for environmental offences, and is intended to establish a degree of consistency in courts across England and Wales. The new '12 clear steps' measures have been produced as a result and work on the premise that offences and offenders will be categorized accordingly, and the calculations of fines issued will be proportionate to the size of the offender. As a result, Magistrates are being encouraged to enforce the higher levels of penalties available when making sentencing decisions on more serious violations, with fines of up to a quoted maximum of £3 million, but this may be greater for companies falling into the 'Very Large' category.

So, what does this mean for businesses? The offences to which these new guidelines will apply are governed by the Environmental Protection Act and the Environmental Permitting (England and Wales) Regulations 2010. This will include the disposal of waste, such as...

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