Kangs Solicitors recently successfully defended a director of a company, who was charged alongside that company and an employee, both parties also being represented by Kangs Solicitors, in proceedings under the Environmental Protection Act 1990, brought before Wolverhampton Magistrates’ Court.
Suki Randhawa of Kangs Solicitors reports upon this successful outcome.
The Circumstances | Kangs Regulatory Defence Team
- Wolverhampton City Council became aware of a large accumulation of bagged waste next to a public litter bin on Dudley Road, Wolverhampton, which was located a few metres away from the company’s business premises.
- It was discovered that the waste bags contained correspondence linking the waste to the director and his company.
- In due course, further waste was recovered from the same location and three charges were brought against our clients.
- The company’s employee attended for interview without the benefit of legal representation and made various admissions.
- The director of the company was unable to attend for interview.
- All three were summonsed in respect of three charges relating to ‘preventing the escape of commercial waste’.
Defence Preparation | Kangs Environmental Health Specialists
- Kangs Solicitors were instructed by all three defendants after proceedings had been instigated and they were due to appear at Court.
- Having discussed the situation in great detail and taken full instructions, it became apparent that the employee had no alternative other than to plead guilty as the result of his admissions made at interview.
- The employee’s admissions also rendered the company vicariously liable for the offences, with the result that it also had to plead guilty.
- Kangs Solicitors undertook detailed negotiations with the prosecuting authority in relation to the director’s role in the events with the result that it was persuaded not to prosecute him.
- Based upon our detailed conversations with both the director and employee, a comprehensive mitigation was prepared for presentation to the court on behalf of the company and the employee.
The Successful Outcome | Kangs Magistrates’ Court Solicitors
- Once pleas were entered at Court by both the employee and the company, the proceedings against our director client were withdrawn.
- Having considered all the mitigation meticulously prepared and presented to the court, the Magistrates accepted that the starting point for sentencing was below that submitted by the council.
- The company was fined £250 for each breach and
- The employee received a conditional discharge.
The director and employee were naturally overjoyed with the outcome, especially as we had only been instructed after the admissions by the employee made at the interview he attended without legal support.
How Can Kangs Solicitors Help You? | Kangs Criminal Defence Solicitors
Kangs Solicitors have a wealth of knowledge and experience in dealing with all regulatory matters, including matters of Environmental Health.
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: