Lawyers in London
EXPERT LEGAL REPRESENTATION IN LONDON
Allegations of environmental offences are serious. If you are faced with this situation, nothing is more important that making sure you instruct the right solicitors with specialist knowledge. Whether you’re an individual or an organisation, the penalties resulting from a conviction in these circumstances can be hefty, so it is crucial that you have somebody by your side and fighting your corner.
At Nelson Guest & Partners, we understand the stress and disruption that can be caused by such an allegation. The legislation can appear confusing and the penalties are frightening. The local Council will often send you a large, unstructured bundle of information from which you are expected to deduce exactly what is alleged.
That’s why we offer a tailored service for clients alleged to have committed environmental offences.
We have extensive experience in dealing with these matters and aim to provide you with clarity and The most common offence is ‘fly-tipping’, contained in the Environmental Protection Act 1990 and relating to the illegal disposal of ‘controlled waste’. Firstly, the prosecution must prove that you have ‘deposited’ or ‘caused or allowed to be deposited’ the waste in a way or place not allowed by a waste management licence, or ‘kept or managed’ the waste in a way which is likely to cause pollution or harm to human health. Secondly, there must be ‘controlled waste’, which is wide-ranging and can include anything from general household waste to larger domestic items or commercial waste.
The sentencing guidelines for this offence are extensive. Should you instruct us, one of our key objectives, at the very minimum, will be to reduce your ‘culpability’ category. These categories range from ‘deliberate’ to ‘low’ and are the basis for the sentencing guidelines. Lowering your culpability could involve interviewing witnesses on your behalf or even instructing an expert to assess the situation. Such thorough preparation could be the difference between prison or a fine.
There are, of course, many more offences contained in the EPA 1990 and other Acts. For example, a breach of the ‘waste duty of care’ could arise in the course of your business, or you could be accused of transporting controlled waste without being registered (under Section 1 of the Control of Pollution (Amendment) Act 1989).
Whatever the allegation, we are always happy to look through your case and advise you on your options. Please get in touch to arrange a complementary meeting with us. Use the contact page or all us on 020 8309 5010.
CONTACT US FOR A FREE CONSULTATION:
OR CALL US 24/7 ON 020 8309 5010