Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Airport City, Manchester 0844 800 8346

Office 129
Manchester Business Park
3000 Aviator Way
Manchester M22 5TG

Send us a message
Our Offices

New Sentencing Guidelines For Environmental Offences

24th October, 2014

On 1 July 2014, new sentencing guidelines were introduced for environmental offences with the intention of making sure that a conviction for an environmental offence has a ‘real impact’ on the offending business and to encourage managers and shareholders to get their compliance with environmental regulations up to speed.

The guidelines have been introduced because regulators were frustrated by the lack of consistency in sentencing and the historically low fines.

When a successful prosecution for an environmental offence occurs, the financial consequences for the business found to be in breach of the law can be severe both in terms of the fine and legal costs.

Fines are now to be geared to turnover and, whilst consideration is given to the profitability of the business, this can have a devastating effect. It has been said that the Courts need to ‘send a message’ to the shareholders that non-compliance with environmental legislation will not be tolerated.

The Courts have to follow a 12 step process to assess the means of an offender (a corporate organisation’s turnover or an individual’s income). The Courts must also look at aggravating and mitigating factors when setting a fine or fines for the matters before it.

As well as setting the fine, the process also asks the Courts to consider compensation payments, confiscation and remediation.

Whilst this document is new, there has already been a significant upward trend of fines imposed.

For more information on this or any other environmental matter, please contact Claire Petricca-Riding on 01244 405440 or email [email protected].

You might also be interested in...

Is there such a thing as a good divorce?

22nd November, 2018

Family Law Partner Sandy Edwards believes there is. Next week, from 26 to 30 November, Resolution, an organisation of 6,500 family lawyers and other professionals, will be promoting “Good Divorce Week” which will focus on how separating and divorcing couples can put their children’s needs first and limit the impact of conflict. The week falls during the government’s divorce... Read More »

Ethics Guidance – Transparency in Price and Service

16th November, 2018

It is reported that a quarter of all complaints dealt with by the Legal Ombudsman revolve around costs. Therefore to avoid complaints and confusion, it is important to be clear from the outset. The new Transparency Rules (which the SRA have now confirmed will come into effect on 6 December 2018) require that accurate and relevant information is... Read More »

Aaron & Partners Increases Recommendations in Leading Industry Guide, The Legal 500

5th November, 2018

Aaron & Partners LLP has once again seen improved rankings in The Legal 500 – a comprehensive guide... Read More »

Contact Us