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ARTICLE · 20 DECEMBER 2012

Tackling Environmental Crime: A Risk-Free Alternative To Prosecution?

Clyde & Co
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A new enforcement mechanism, previously under consultation and now contained within the Crime and Courts Bill 2012-2013, is designed to give companies more confidence to admit their part in crime without opening themselves up to criminal prosecutions.

United KingdomEnvironment
Clyde & Co LLP
Clyde & Co LLP
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A new enforcement mechanism, previously under consultation and now contained within the Crime and Courts Bill 2012-2013, is designed to give companies more confidence to admit their part in crime without opening themselves up to criminal prosecutions.

Whilst not presently proposed for tackling regulatory crime, voices within the environmental industry have called to make this mechanism also available to regulators to deal with certain environmental offences. Whilst this could open another avenue for dealing with such offences, businesses should be warned that the suggestions could still leave them vulnerable to prosecution. Concerns have also been raised that if this mechanism is extended to all environmental offences this could leave the civil sanctions regime redundant in tackling this area.

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