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Environmental Prosecutions brought by Local Authorities or by the Environment Agency have seen a marked increase in recent years.
The Environment Agency enforces the existing legislation by way of civil penalties but also by a number of criminal offences brought against companies and individual Directors deemed to be criminally responsible. Together with the greater enthusiasm to prosecute, there has also been an increase in the sentencing powers available with substantial fines and awards of costs now the norm. In terms of individuals , the more serious offences can attract prison sentences and confiscation orders for breaches of the environmental regime.
The commencement of an Environmental Investigation can be a confusing and stressful time for a company and early sensible advice is required before any decision is made to agree to attend a PACE interview. All too often the failure to seek appropriate advice at this point can lead to an inevitable prosecution whereas proper representation might avoid this.
If you or your business find yourself facing an environmental investigation prompt action is essential to limit any financial and reputational harm. At THB the regulatory team can properly advise you at all stages of the process and if proceedings cannot be avoided we can utilise our excellent in house advocacy team to secure the best outcome for you.
This remains a very complex and technical area of law and the Legislation is far from straightforward. Contact the regulatory team for an initial assessment and consultation.
- 20 November 2024
- 20 November 2024
- 20 November 2024