Stiffer Sentencing for Waste Offences

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