Scrutiny Commission on Environmental Enforcement In South Tyneside.

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Presentation transcript:

Scrutiny Commission on Environmental Enforcement In South Tyneside

Legal Practicalities Mike Harding Corporate Legal Manager

Environmental Activity A Necessary Deterrent 32 Littering Offences 12 Fly Tipping cases 4 Unlawful Advertisement cases 18 Enforcement Notices 5 Section 215 Notices

Fly Tipping Section 33 (1) Environmental Protection Act 1990 “Depositing or knowingly causing the depositing or knowingly permitting the depositing of controlled waste in or on land otherwise than as authorised by a waste management license” To be proved “Beyond Reasonable Doubt”

Fly tipping Broadly drafted offence Commercial waste operations Domestic tipping Wide range of penalties Triable “either way” Magistrates’ Court v. Crown Court

Prosecution Process Offence Reported Investigation Interview Assessment of Evidence Prosecutors Code

Prosecution Process (2) The Information Summons Supporting Documents Plea Allocation Sentencing/Adjourn for trial/Committal

Section 215 Notices Town and Country Planning Act 1990 Land adversely affecting the amenity of the area by reason of its condition Investigation Notice Prosecution (Summary Offence) – rarely necessary Works in Default - Charging Order

Questions