Memorandum from the Magistrates' Association
The Magistrates' Association has been aware
of the importance of sentencing environmental crime for some time
and has taken steps to raise awareness among its members. This
has included features in the Magistrate magazine, sample training
toolkit for branches, limited guidance, liaison with relevant
government departments and NGOs. In 2002 environmental issues
given priority with dedicated AGM session, dedicated issue of
Magistrate, launch of Costing the Earth.
COSTING THE
EARTH
Costing the Earth is an information toolkit
designed to help the judiciary, in particular the lay magistracy,
to deal with environmental cases. The toolkit was originally launched
in November 2002 and is available on the Magistrates' Association
website for anyone to access. The information was gathered together
and jointly published by the Magistrates' Association and the
Environmental Law Foundation. The guidance is a living document
and as recently updated and extended in November 2003. It has
been commended by Lord Justice Carnworth who presented information
on Costing the Earth to a European conference of judges looking
at environmental crime.
Why the need for this guidance?
— Concerns were expressed that the
level of fines and sentences given in environmental cases was
not high enough to act as a deterrent, leading to some situations
where it is cheaper to break the law and pay the fine rather than
to comply.
— The number of environmental cases
coming to court is comparatively small and therefore training
in this area for magistrates has had a very low priority.
— The infrequency of cases in court
is the same for prosecutors as well as the judiciary and therefore
magistrates needed to be aware of important factors that should
be brought out in court eg profitability, irreversible damage.
— Magistrates themselves wanted more
guidance in dealing with cases where their powers of fining are
substantially greater then for most of the cases they deal with
on a day to day basis.
— Increasing recognition that the impact
of environmental crime can be significant, maybe even irreversible
coupled with connection with highly organised crime with large
amounts of money at stake.
What is the toolkit all about?
The tool kit provides experience and expertise
in evaluating cases in order to ensure that the criminal justice
system works effectively and appropriately in sentencing those
found guilty of environmental offences.
The toolkit aims to:
— explain the effects of pollution
and other offences relating to the environment;
— clarify some of the more complex
and technical aspects of environmental offences; and
— raise awareness amongst magistrates
of environmental impacts and the legislation and case-law relating
to environmental crimes.
The toolkit comprises three parts:
— Part I provides an overview of the
principles behind environmental sentencing and what particular
actions and criminal activities may mean for both human health
and the environment.
— Part II is a detailed consideration
of the wide range of environmental aspects and the law. Each section
is sub-divided into a number of case studies. The case studies
follow a set structure:
— An outline of the relevant legislation.
— Guidance on assessing seriousness
of the offence(s).
— Part III provides further information
which includes recently published guidance notes on sentencing
wildlife and conservation offences.
Costing the Earth has provided sound information
for others as well as sentencers
January 2004
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