1. Executing Environmental Judgments in Criminal Proceedings.
Anne Brosnan
Chief Prosecutor
Environment Agency
United Kingdom

2. Environment Agency Secures Legislative Compliance
Investigates Legislative Breaches
Prosecutes Offences
Secures Convictions
Seeks Remediation & Compensation
Removes the Proceeds of Crime
Enforces judgments of the court

4. Securing Compliance EU Directives
UK Statutes and Statutory Instruments
Translate into one regime
Environmental Permitting Regulations 2010
Secure compliance uniformly
Common systems and procedures

5. The Environmental Permitting (E&W) Regulations 2010
Mechanics
how we deliver
requirements
Schedules environmental and human health requirements
Schedules
environmental
and human
health requirements
EPR
Rules on
Applications
European
Rules on
Determination*
17 Directives each with identified requirements
Planning Interface
Permits to deliver
Substantive
Requirements
Risk-based
Regulation
Risk-based
Regulation
Created a new common platform to deliver the requirements of 17 Directives.
Use of referential drafting.
Common compliance and enforcement provisions.
Appeals
Domestic
Policy
Requirements
Enforcement

6. Investigate Legislative Breaches
Monitor and assess compliance
Respond to pollution incidents
Conduct lawful investigations
Co operate with other investigative bodies
Seize and retain evidence
Conduct appropriate analysis
European Arrest Warrant CFD 2002/584/JHA

7. Prosecute Offences
Decide that prosecution is in the public interest and test evidential sufficiency
Decision : prosecute or divert to civil sanction
Produce evidence to courts
Prosecute
Secure Conviction

8. Post Conviction Orders
Remediation
Court Order : section 44 Environmental Permitting Regulations 2010
Post conviction action by regulator : eg s161 Water Resources Act 1991.
Post conviction action : s59 Environmental Protection Act 1990

9. Post Conviction Orders
Compensation
Court Order :Powers of Criminal Courts (Sentencing) Act 2000
Civil Claim by Victim/Affected Person
Disqualification Orders
As a Company Director
From Driving

10. Remove Proceeds of Crime
Proceeds of Crime Act 2002
Restraint Orders
Assess Financial Benefit
Remove Financial Benefit
“Lifestyle” Provisions
Presumption that all property acquired in last six years is proceeds of crime

11. Enforces Court Judgments
Courts generally enforce in UK
Fines recovery
Costs recovery
Enforce compensation orders.
s44 EPR 2010 : application back to court
Costs position

12. Injunctions Civil remedy Can obtain interim order
Useful where continuing breaches
Damages for breach
Imprisonment for Contempt of Court

13. European Co-operation
Article 69A TFEU (Lisbon)
Judicial cooperation in criminal matters
Principal of mutual recognition of judgments and judicial decisions
Environment not yet a specified area for cooperation under Article 69B.

14. Mutual recognition of Judgments
Council Framework Decisions on
Freezing Property and Seizing of evidence
2003/577/JHA
Mutual Recognition of Financial Penalties
2005/214/JHA
Mutual Recognition of Confiscation Orders
2006/783/JHA

15. Mutual Recognition : UK
Criminal Justice (International Co-Operation) Act 1990.
Criminal Justice & Immigration Act 2008
Sections 80-92
Serious Organised Crime & Police Act 2005
Sections 95-96

16. Mutual Recognition of Judgments
Council Framework Decision on
Judgments imposing custodial penalties or sentences involving deprivation of liberty /909/JHA
Deadline for transposition December 2011.
Judgments can be recognised and enforced in other Member States.

17. Mutual Recognition of Judgments
Council Framework Decision on
Judgments imposing non custodial penalties and probation decisions 2008/947/JHA
Deadline for transposition December 2011.
Judgments can be recognised, enforced and supervised in another Member State.