The Sentencing Council has published a new guideline for judges and magistrates today, which covers environmental offences like fly-tipping and the disposal of waste that causes pollution or harm to health, or the risk of it.
The main purpose of the new guideline is to punish offenders, prevent reoffending and remove the financial gain made through these crimes, while also ensuring that courts in England and Wales take a consistent approach to offences.
Research showed that magistrates in particular were unfamiliar with sentencing these offences. Also, the Sentencing Council concluded that in some cases the levels of some fines were too low and did not reflect the seriousness of the offence committed. The guideline, which comes into force on 1 July, aims to ensure that fine levels are proportionate to the seriousness of the offences.
A wide variety of offences are covered, including breaches of waste permits. The guideline also covers nuisance offenders such as those who cause noise, smoke, dust or smells, or run premises which pose a health or pollution risk. Littering is not included.
The guideline introduces sentencing starting points and ranges for these offences but also incorporates the flexibility to take into account the great variety of offending that comes before the court, says the Sentencing Council.
Fines for organisations range from £100 up to £3m, to take into account their means as well as the seriousness of the offence. Individuals can receive a sentence ranging from a conditional discharge up to three years’ custody.
This is the first time that a guideline has been produced for these offences and it encourages magistrates to make more use of the highest levels of fines for some of the more serious offences that come before the courts.
Corporate offenders committing serious offences, who are likely to be causing most damage or risk to health, are expected to receive higher fines.
Sentencing Council member and magistrate Katharine Rainsford said: “Illegal disposal of hazardous waste not only causes damage to the environment but puts people’s health at risk as well. This guidance for courts will help ensure consistent and appropriate sentences for offenders.”
The Sentencing Council is also planning a consultation later this autumn for a new health and safety guideline and will be speaking at IOSH 2014 in June to gauge readers’ views. SHP will also be featuring an interview with the Sentencing Council in a forthcoming issue to explore the guideline proposals in more depth.
To download the new sentencing guideline for environmental offences, visit: http://sentencingcouncil.judiciary.gov.uk
