How Much?
The Draft Sentencing Council Environmental Offences Guideline Consultation –
March to June 2013
The headline grabber under the draft Guidelines is the introduction of fines of up to £2m for the most
significant offences by large companies with a turnover in excess of £25m. The Guideline and its form is
unlikely to change significantly unless the business community responds strongly to the proposals.
So What?
The headline grabber under the draft Guideline is the introduction
of fines of up to £2m for the most significant offences by large
companies with a turnover in excess £25m. The Guideline would on
the whole see environmental fines increase significantly across
the board for the majority of businesses as the Courts seek to take
account of an offenders ability to pay.
Some important unanswered questions include:
•Will higher fines mean fewer guilty pleas as the financial impact
of any fines are too great and businesses are more likely to
contest any charges?
•Will the risk of harm be treated the same as actual harm?
The consultation closes on 6 June 2013. It is vitally important
that those who will be impacted by the Guideline respond to the
consultation.
The Sentencing Council is an independent, non-departmental
public body of the Ministry of Justice, therefore there will be very
little political influence over the content of the Guideline and its
form is unlikely to change, unless strong representations
are received.
How can we help?
We are offering thought leadership sessions to our key clients
operating in the environmentally regulated sectors.
We can host at our offices, or provide at a venue convenient for
you, a workshop to help you formulate your response to the
consultation. Alternatively, due to the sensitive nature of the
subject matter, many companies might not want to openly object
to the new proposals. Providing input to the Pinsent Masons LLP
response will mean that your voice can still be heard.
Why Pinsent Masons LLP?
Pinsent Masons has been at the forefront of the debate on
environmental enforcement as it has rapidly developed over the
past few years.
We are market leaders in the provision of environmental defence
services and have acted on a number of the most significant
environmental prosecutions in recent years. We maintain close
links to policy makers and regulators and have a track record of
successfully influencing new policy and legislation on behalf of
our clients.
For more information please contact:
This note does not constitute legal advice. Specific legal advice should be taken
before acting on any of the topics covered.
Pinsent Masons LLP is a limited liability partnership registered in England & Wales
(registered number: OC333653) authorised and regulated by the Solicitors Regulation
Authority and the appropriate regulatory body in the other jurisdictions in which it operates.
The word ‘partner’, used in relation to the LLP, refers to a member of the LLP or an employee
or consultant of the LLP or any affiliated firm of equivalent standing. A list of the members
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LLP’s registered office: 30 Crown Place, London EC2A 4ES, United Kingdom. We use ‘Pinsent
Masons’ to refer to Pinsent Masons LLP and affiliated entities that practise under the name
‘Pinsent Masons’ or a name that incorporates those words. Reference to ‘Pinsent Masons’ is
to Pinsent Masons LLP and/or one or more of those affiliated entities as the context requires.
© Pinsent Masons LLP 2013.
For a full list of our locations around the globe please visit our website: www.pinsentmasons.com
4471
Simon Colvin
Senior Associate
Environment
T: +44 (0)161 234 8216
M: +44 (0)7766 366 096
E: simonj.colvin@pinsentmasons.com