Increased penalties for polution

Increased penalties for pollution

At the Blackpool Labour Conference, Environment Minister, Michael Meacher, signalled higher fines and penalties for polluters, the average current fine being in the region of £4,500. The Courts will be exhorted to "impose fines which reflect the gravity of offences which damage the environment, and the seriousness with which society views them". The current statutory maximum fine which may be imposed by the Magistrates' Court is £20,000 and is unlimited in the Crown Court. The Courts also have the power to impose custodial sentences from anything between six months and five years.

The Courts are, of course, independent of Government and have an unfettered power to exercise their discretion in sentencing. However, it is understood that the Department of the Environment, Transport and the Regions has had discussions with the Lord Chancellor's Department, the Judicial Studies Board and also the Magistrates' Association about sentencing policy for environmental offences.

This approach has been reflected in recent actions taken by the Environment Agency which we are told is now having discussions with the Magistrates' Association and has already provided to the Association an information pack on environmental issues.

At the recent Environment Agency AGM in September 1998, the Chief Executive of the Agency, Ed Gallagher, reported that:

"Whether they be a multi-national company or just an unscrupulous individual, last year's enforcement record clearly shows that the Agency will not tolerate any polluters. However, this tough approach out in the field needs to be matched by the courts and we are continually disappointed over the low levels of fines for those who have damaged the environment.

...the going rate for chemical pollutants seems to be £2,000 per tonne of pollution. These fines of a few thousand pounds are no deterrent to multi-million pound companies - we want fines that reflect the seriousness of the crime."

However, despite the Environment Agency's frustration at the current level of fines, in the two years following the creation of the Agency in April 1996, nine individuals were given custodial sentences, relating predominantly to waste offences. This trend is continuing, with several prosecutions brought by the Agency in recent months resulting in prison sentences (see Section 1 of this Bulletin).

The fact still remains that the cost to the Agency of bringing a prosecution is not insubstantial, bearing in mind the innate problems of proving the causal link (often dependant on detailed technical evidence) and that for criminal offences the level of proof required is "beyond all reasonable doubt" rather than on a "balance of probabilities" which is applicable to the civil jurisdiction. Despite these problems the Environment Agency brought 600 cases to court in 1997-98 and it is to be expected that if current policy is maintained this will be increased over the forthcoming year.

Pamela Castle