header-logo header-logo

Setting a trap for fly-tippers

24 November 2023 / Neil Parpworth
Issue: 8050 / Categories: Features , Public , Environment
printer mail-detail
147358
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll