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24 November 2023 / Neil Parpworth
Issue: 8050 / Categories: Features , Public , Environment
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Setting a trap for fly-tippers

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Neil Parpworth looks into Sentencing Council proposals to give litterbugs a taste of their own medicine
  • The Sentencing Council is consulting on proposals to increase community orders for fly-tipping and other environmental offences, for example, ordering offenders to clear up rubbish.

As the National Audit Office has noted, ‘the term fly-tipping has no legal significance but is used widely to describe the illegal dumping of waste without the landowners’ permission, or on public land, for example by the roadside’: see ‘Environment Agency—protecting the public from waste’, HC 156 Session 2002-2003 (18 December 2002), para 2.7. As such, it amounts to a specific form of anti-social behaviour which blights urban and rural areas alike. On 7 September 2023 the Sentencing Council published a consultation document entitled ‘Miscellaneous amendments to sentencing guidelines’. Among its pages is a section on a proposed revision to the guidelines on the sentencing of individuals for environmental offences such as fly-tipping.

The consultation

Prior to setting out what is proposed, it is first worth noting a matter

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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