Environmental Crime

1
Environmental Crime

• The Role of the Environmental Fiscal
• 6 October 2004
• Vincent Lunny, PF Depute
• Glasgow Fiscals Office

2
Crown Office and Procurator Fiscal Service

• Responsible for the prosecution of crime in
  Scotland.
• Police report offences to the PF.
• Consider reports at Case Marking stage and
  decision made on whether or not to proceed and
  forum.
• Decisions guided by Public Interest.
• Approx. 270,000 crime reports to PFs p.a. - _at_ 15
  from NPRAs (Over 50 agencies)

3
Scottish Environmental Protection Agency

• Created under the Environment Act 1995
• Responsible for the control and regulation of
  discharges to water
• Responsible for most other areas of environmental
  regulation, including integrated pollution
  control, waste regulation and air pollution
• (PF also receives reports from LA Environmental
  Health Depts. e.g.planning, littering, dog
  fouling)

4
SEPA

• Approach persuasion and education
• Enforcement Provisions e.g. serving notices
  requiring persons to carry out ant-pollution
  operations s.46A of COPA 1974 enforcement and
  prohibition notices EPA 1990 s. 1314
• Reporting to PF generally last resort cases go
  through their solicitors before submission

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Environmental Offences

• SEPA reports _at_ 60 cases p.a. to the PF.
• Other reports from 32 Local Authorities.
• Offences cover-
• (a) Litter High Street/Fly Tipping
• (b) s33 Environmental Protection Act
  1990 (depositing controlled waste)
• (c) s30F Control of Pollution Act
  1974 (pollution of controlled waters)
• (d) Miscellaneous eg Radioactive Substances
  Act 1993
• Quality of life.

6
Need for Specialisation

• High on political agenda.
• Provide better public service.
• NPRAs not responsible for own prosecutions.
• Technical and/or complicated prosecutions.
• SEPA concerns especially contacts and feedback

7
COPFS Response

• Opportunity to focus on how we deal with
  environmental crime
• Adequate training and guidance material
• Adequate time for preparation of cases
• Relations with Environmental NPRAs
• Joint Training Event for PFs and Environmentalists

8
To prosecute or not to prosecute?

• Consider facts of case and relevant legislation
• Evaluate evidence sufficiency?
• Further input from SEPA solicitors where
  appropriate
• PUBLIC INTEREST
• Non court disposals eg Warning Letters
• No Proceedings.

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Prosecutions

• Pre-trial meeting with SEPA.
• Discuss possible negotiated pleas in multiple
  charge cases.
• Keep SEPA informed of court diets.
• At sentencing stage, give court fullest possible
  information.
• Provide feedback to SEPA at conclusion.
• Notify Crown Office Policy Group of any issues
  arising having implications for future cases.

10
PENALTIES
11
The End
12
Control of Pollution Act 1974

• S.30F offence to -
• (1) cause or knowingly permit any poisonous,
  noxious or polluting matter or any solid waste to
  enter any controlled waters
• (2) cause or knowingly permit any matter other
  than trade effluent or sewage effluent to enter
  controlled waters by being discharged from a
  sewer or drain in contravention of a prohibition
  notice
• (3) (5) contain further similar contraventions
• Practical points-
• Drafting the charge date of offence
• Mens rea difference between causing and
  knowingly permitting
• Evidence requires to be led of controlled waters
  and effluent
• Possibility of compensation order s.249
  CP(S)Act 1995 polluter must pay