MPs back call for tough waste crime sentences

But, the Justice Committee, made up of MPs whose role is to scrutinise the work of the Ministry of Justice and its associated public bodies, said that magistrates should take into account when companies or individuals have taken steps to mitigate the environmental harm their crimes have caused.

The comments came in a report, published by the Committee on Friday (July 19), following a four month consultation on proposed sentencing guidance, put forward by the Sentencing Council. The consultation began in March and ended last month (see letsrecycle.com story).

Although not setting the punitive measures that can be applied for crimes, the Council advises Magistrates on the level of punishment that can be used should certain crimes be committed.

Guidance is being drawn up to promote consistent sentencing for environmental offences in courts across England and Wales.

Offences

The draft guideline covers sentencing for the unauthorised deposit of waste under Section 33 of the Environmental Protection Act 1990, as well as offences committed under section 1 Control of Pollution Amendment Act 1989 such as transportation of controlled waste without registering.

It also covers offences where a company or individuals have not handled or disposed of waste properly so that it causes pollution or harm to peoples health. In addition, it deals with nuisance offenders such as those who cause noise, smoke, dust or smells, or run premises which pose a health or pollution risk.

Commenting on the release of Fridays report, chair of the Justice Committee, Sir Alan Beith MP, said: This draft Guideline covers a wide range of offences ranging from fly-tipping to large scale hazardous waste offences, and the sentences appropriate for individuals may be quite different from those appropriate for a large company.

Although there was a case for treating some of these issues separately, there was a clear desire from magistrates to have a framework of guidance. Crimes that damage the environment and endanger public safety are taken seriously by the courts and I hope that the final version of the Guideline will assist them in doing so.

Elsewhere the Justice Committee also supported the Councils recommendation that levels of fines for environmental crimes should be dependant on the offending companys turnover, despite criticism that this measure is too simplistic.

The Justice Committees report has been submitted to the Sentencing Council for consideration.