In recent years there has been some doubt about the
effectiveness of prosecution as a deterrent against environmental
crime. Although conviction rates are understood to have increased
following the introduction of designated environmental prosecutors
and closer liaison between the Procurator Fiscal and SEPA, the
levels of fines imposed in Scotland have been criticised as being
too lenient even when compared with those imposed in England and
Wales.
The decision of the High Court of Justiciary delivered on 3rd
August 2010 against Doonin Plant Limited, however, may indicate a
change of direction and constitute a wake up call for anyone who
may be breaching environmental law.
Doonin Plant Limited was charged with a contravention of section
33(1)(c) of the Environmental Protection Act 1990 (knowingly
permitting controlled waste to be deposited on its land without the
authority of a waste management licence) in respect of the disposal
of waste (between January 2007 and March 2007) in a manner likely
to cause pollution to the environment or harm to human health. The
company entered an early plea of guilty at Glasgow Sheriff Court
and was fined £8,000 (reduced from £10,000 on account
of the early plea).
The Crown lodged an appeal against the sentence on the grounds that it was unduly lenient. The appeal was heard by three judges in the High Court on 26th May 2010 who upheld the Crown appeal and increased the fine imposed on Doonin Plant Limited to £100,000. This was reduced to £90,000 to reflect the plea of guilty.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.