When necessary, we can take action in the Magistrates', County and Supreme Courts. Depending on the offence or contravention, we can start criminal prosecutions or civil proceedings.
We have staff who specialise in investigations and may take proceedings to court. They have sanctioning powers, including:
- taking court action on our behalf
- issuing infringement notices.
Our sanction powers are set out in our Sanction powers policy.
Our approach to compliance and enforcement is set out in our Compliance and enforcement policy.
Current prosecutions are published on our Public register.
Criminal prosecutions
We can start criminal prosecutions for serious breaches of the Environment Protection Act 2017, and where it's in the public interest.
If a person is found guilty, the court can:
- record a conviction
- impose a financial penalty
- make an order
- require restorative justice outcomes
- send them to prison.
Examples of when we might start a criminal prosecution are:
- unlawful activity continues after a permission is suspended or revoked
- industrial or priority waste is stored or stockpiled without permission or approval
- repeated infringement notices are issued, and performance has not changed
- a notice, direction or order is not followed – including where there's imminent danger
- significant commercial advantage is gained from the environmental harm
- significant commercial advantage is gained from not maintaining adequate systems, processes or procedures to minimise the risk of harm to the human health and the environment
- the assault, obstruction, intimidation or attempted bribe of an authorised officer
- dishonest behaviour – such as giving false or misleading information, obstruction or interference by a person.
Civil proceedings
We can start civil proceedings:
- as an alternative to criminal prosecution
- where it's likely to be a stronger deterrent and it better suits the offence.
If the person is found guilty of breaking the law, the court can make a court order.
Restorative justice process
A court can decide that a restorative justice process would be better than a criminal prosecution or a civil penalty proceeding.
In a restorative justice process, the people impacted by the offence and the outcome of the legal proceedings are included in the process.
A court can make orders for a restorative project for the public benefit or to enhance the environment.
A restorative justice process can include anyone that we and the defendant agree on.
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