Environmental Offences

Environmental law has been the subject of extensive reform in recent years. The Regulatory Enforcement and Sanctions Act 2008, Environmental Damage (Prevention and Remediation) Regs 2009 and the Environmental Civil Sanctions Order 2010, all impose sanctions and penalties on individuals and companies for committing environmental offences. There are severe financial penalties for breaching environmental legislation, as well as the potential to be criminally prosecuted. Fines of up to ten percent of a firm's turnover can be issued as well as confiscation of business assets under the Proceeds of Crime Act 2002.

Environmental regulators have the power to serve enforcement notices on businesses breaching environmental law, such as clean-up notices, and have the authority to close down businesses or suspend them until they have rectified their breach. The regulators can also prosecute individuals if consent, connivance, or neglect can be shown in relation to the offence.  For Magistrates’ court cases, the maximum penalty is an unlimited fine or up to six months’ imprisonment, or both. For Crown Court cases, the maximum penalty is usually an unlimited fine and or two years’ imprisonment, or both. Civil penalties include enforcement undertakings and fixed penalties.

Bright Line Law is a barrister law firm through which Jonathan Fisher QC, one of the UK's leading barristers in white collar crime cases, provides specialist advisory, advocacy, litigation, policy and strategic services. If you require specialist advice on environmental law, please contact Jonathan Fisher QC directly at jf@brightlinelaw.co.uk or another member of our team or telephone us on + 44 (0)203 709 9470.

Jonathan Fisher QC
Lead Counsel

Email jf@brightlinelaw.co.uk
Telephone + 020 3872 2852

Case Studies

Practice Areas