Tougher sentences proposed for serious environmental offences

The Sentencing Council has launched a consultation on a new guideline for environmental offences that could see larger fines for serious offenders, including fly-tippers.

The council said it hoped the guidance – the first of its kind for this type of offence – would lead to a consistent approach being adopted in courts across England and Wales.

It addresses a range of offences related to the disposal of waste and rubbish, mostly covered by the Environmental Protection Act 1990 and the Environmental Permitting (England and Wales) Regulations 2010.

The proposals are also intended to ensure that the level of fines given to offenders matches the seriousness of the offences they have committed “so they are hit in the pocket as well as deterred from committing more crime”.

The council has proposed that magistrates make more use of the highest levels of fines available to them for some of the more serious offences that come before the courts.

“This is expected to lead to an increase in fines for those that cause the most damage or risk to health, which is likely to include corporate offenders,” it said.

Under the guideline, for less serious offences, it would not be expected that fines would rise from current levels.

The overall proportions of offenders receiving the various types of sentence such as fines, community sentences, discharges and prison sentences, are also unlikely to change, the council said.

The consultation, which can be accessed here, seeks views on:

• the principal factors that make an environmental offence more or less serious;
• the additional factors that should influence the sentence;
• the sentences that should be given for environmental offences; and
• anything else consultees think should be considered.

Sentencing Council member and magistrate Katharine Rainsford said: “Offences like fly-tipping and illegal disposal of hazardous waste can cause significant damage to the environment and put people’s health at risk.

“We’re improving guidance for courts to help ensure consistent and appropriate sentences for offenders, particularly for corporate offenders who can be guilty of the worst offences.”

Rainsford added: “These offences are normally motivated by making or saving money at the expense of the taxpayer. Our proposals aim to ensure that sentences hit offenders in their pocket.”

The consultation runs until 6 June 2013.

The guideline would be used in both the Crown Court and magistrates’ courts.