Kangs Solicitors represented one of two defendants who had been summonsed to appear before Birmingham Magistrates’ Court for offences under the Environmental Protection Act 1990.
Sukhdip Randhawa of Kangs Solicitors reports upon the highly satisfactory outcome.
The Investigation | Kangs Regulatory Solicitors
Our client’s co-defendant rented two separate sites from Birmingham City Council, which enjoyed the benefit of various Exemption Certificates but in respect of which there were no Environmental Permits in place.
Members of the public reported to the Environment Agency the unloading of waste and provided the registration numbers of the lorries involved.
These reported vehicles were identified as belonging to our client.
Additionally, there was a significant amount of documentation strewn across the site, which could be traced back to our client.
The Environment Agency had, prior to our involvement, interviewed our client under caution on a voluntary basis.
Unfortunately our client had attended without legal representation and made certain admissions in respect of the activity which had occurred.
The Offence | Kangs Solicitors For The Waste Industry
The Environment Agency alleged that our client had, knowingly, deposited controlled waste on land that did not have an Environmental Permit in force authorising such a deposit, contrary to Section 33 (1) (a)(5) and by virtue of (6) of the Environmental Protection Act 1990 as amended (‘the legislation’).
The Law | Kangs Waste Disposal Solicitors
A person who controls the use of a motor vehicle used for carrying or depositing controlled waste, is treated, when waste is deposited illegally, as knowingly causing the waste to be deposited in breach of the legislation, whether or not they gave instructions for it to be one.
Available Defence | Kangs Criminal Defence Team
It is defence for a person charged with an offence under this section if it can be proven:
(A) that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence
(B) that he acted under instructions from his employer and neither knew, nor had reason to suppose, that acts done by him constituted a contravention of (1) above, or
(C) that the acts alleged to constitute contravention, were done in an emergency in order to avoid danger to human health in a case where:
(1) he took all such steps as were reasonably practicable in the circumstances for minimising pollution of the environment, and harm to human health
(2) particulars of the act were furnished to the regulating authority, as soon as reasonably practicable after they were done.
Defence Preparation | Kangs Waste Management Solicitors
Upon being instructed by our client we:
- discussed the circumstances of the offending with him at length
- advised him on the law, and the likelihood that he would be convicted on the basis of his admissions at interview, should he decide to contest matters at Trial.
- discussed the limited basis upon which he could plead guilty once he had decided to proceed in this manner
- entered into discussions with the Environment Agency concerning the limited basis upon which our client was prepared to plead guilty
- highlighted to the Agency that its investigation had largely focused on the activities of the co-defendant, and, accordingly, there should be a favourable apportionment of costs towards our client.
The Favourable Outcome | Kangs Environment Agency Defence Team
As the result of the actions taken on behalf of our client:
- The Environment Agency only apportioned 20 % of the total costs against our client
- our client received a nominal financial penalty of £335, and
- he was ordered to pay the apportioned contribution towards the Prosecution costs together with a victim surcharge.
Our client was naturally overjoyed at the fact that we were able to take on his case at a very late stage of proceedings, that we were able to work on his behalf in negotiating a guilty plea on a limited basis, and, further, that he was dealt with by way of a nominal fine.
How Can Kangs Solicitors Help | Kangs National Regulatory Defence Team
Kangs Solicitors field a team of experienced Solicitors in defending alleged breaches of EU or UK Regulations throughout the whole country. We will provide all the necessary advice, guidance and support to ensure effective representation at all stages of proceedings from investigation through to any Court proceedings that may ensure.
Should you have any questions, or need advice on any regulatory topics please to not hesitate to contact the team through one of the following who will be happy to guide you: