Criminal Liability And Unincorporated Associations

The case R v RL and JF (28 August 2008) arose when heating oil escaped from a fractured pipe into a nearby watercourse. The pipe, together with the tank and boiler that it connected, was owned by a members' golf club - an unincorporated association.  The fracture was located on land that it occupied.

The Environment Agency initiated a prosecution under section 85(1) Water Resources Act 1991 ("WRA") which makes it an offence for any "person" to cause or knowingly permit any poisonous, noxious or polluting matter to enter any controlled waters. 

It considered that an unincorporated association could not be prosecuted under section 85(1) WRA as it was not a "person" for the purposes of the section.  It considered that the correct approach was to bring the case against two individual members of the club.