Environmental offences utilising civil penalties

Parpworth, Neil

Environmental offences utilising civil penalties - 2005 - Journal of Planning and Environment Law May 2005, 560-583(24) .

Discusses the penalties imposed for environmental offences and considers whether the offending forms of conduct might be more satisfactorily punished by the use of some system of civil penalties. Notes the strict liability nature of many environmental offences and suggests that the courts, in their logically unsustainable distinction between real and quasi crimes in this context, have issued quite confusing signals. Refers to the general level of fines imposed by the courts for environmental offences and subjects the commonly held view that the penalties are lower than they should be to critical analysis. Examines the potential of environmental civil penalties by reference to the recent report by Woods and Macrory (The Centre for Law and the Environment, UCL) "Environmental civil penalties - a more proportionate response to regulatory breach", which represents a further and important contribution to the body of research into environmental justice currently being carried out by DEFRA.