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View the related practice notes about Plea in Mitigation

Sentencing individuals for environmental offences

Sentencing individuals for environmental offences The Sentencing Council has published offence specific sentencing guidelines (the Guidelines) for use in magistrates’ courts and Crown Courts in England and Wales for the unauthorised or harmful deposit, treatment or disposal of waste and for illegal discharges to air, water and land contrary to section 33 of the Environmental Protection Act 1990 (EPA 1990) and regulations 12, 38(1), (2) and (3) of the Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154 (EPR 2016). The Guidelines also refer to the now repealed Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675, which the EPR 2016 replaced. The Guidelines are effective from 1 July 2014, regardless of when the offence took place. However, they do not extend to Scotland or Northern Ireland although the sentencing courts in these jurisdictions may have reference to them to assist them when sentencing. For information on the investigation, prosecution and sentencing of environmental offences in Scotland, see: Scottish environmental enforcement—overview. The Sentencing Council has...

What happens when a client receives a custodial sentence?

What happens when a client receives a custodial sentence? What do you say to a client facing a custodial sentence? When clients are facing time in prison, they can feel overwhelmed or daunted. This Practice Note is designed to be a speaking aid to assist practitioners advising adult clients at risk of a custodial sentence. It points the practitioner to relevant detailed guidance and enables a practitioner to discuss with their client what will happen if they receive a custodial term. Fundamental principles Detailed guidance on the general principles applicable to all sentencing exercises can be found in the following Practice Notes: • Sentences imposed following conviction • Pre-sentence reports • Calculating time spent on remand or on tagged bail • Victim personal statements in criminal proceedings • Sentencing criminal offences—sentencing guidelines and resources • Credit for guilty plea • Mitigation in the sentencing of criminal offences What follows is a summary of the fundamental principles applicable to custodial sentences. The Sentencing Code came into...