Executing Environmental Judgments in Criminal Proceedings. Anne Brosnan Chief Prosecutor Environment Agency United Kingdom

Environment Agency Secures Legislative Compliance Investigates Legislative Breaches Prosecutes Offences Secures Convictions Seeks Remediation & Compensation Removes the Proceeds of Crime Enforces judgments of the court

Securing Compliance EU Directives UK Statutes and Statutory Instruments Translate into one regime Environmental Permitting Regulations 2010 Secure compliance uniformly Common systems and procedures

The Environmental Permitting (E&W) Regulations 2010 Mechanics how we deliver requirements Schedules environmental and human health requirements Schedules environmental and human health requirements EPR Rules on Applications European Rules on Determination* 17 Directives each with identified requirements Planning Interface Permits to deliver Substantive Requirements Risk-based Regulation Risk-based Regulation Created a new common platform to deliver the requirements of 17 Directives. Use of referential drafting. Common compliance and enforcement provisions. Appeals Domestic Policy Requirements Enforcement

Investigate Legislative Breaches Monitor and assess compliance Respond to pollution incidents Conduct lawful investigations Co operate with other investigative bodies Seize and retain evidence Conduct appropriate analysis European Arrest Warrant CFD 2002/584/JHA

Prosecute Offences Decide that prosecution is in the public interest and test evidential sufficiency Decision : prosecute or divert to civil sanction Produce evidence to courts Prosecute Secure Conviction

Post Conviction Orders Remediation Court Order : section 44 Environmental Permitting Regulations 2010 Post conviction action by regulator : eg s161 Water Resources Act 1991. Post conviction action : s59 Environmental Protection Act 1990

Post Conviction Orders Compensation Court Order :Powers of Criminal Courts (Sentencing) Act 2000 Civil Claim by Victim/Affected Person Disqualification Orders As a Company Director From Driving

Remove Proceeds of Crime Proceeds of Crime Act 2002 Restraint Orders Assess Financial Benefit Remove Financial Benefit “Lifestyle” Provisions Presumption that all property acquired in last six years is proceeds of crime

Enforces Court Judgments Courts generally enforce in UK Fines recovery Costs recovery Enforce compensation orders. s44 EPR 2010 : application back to court Costs position

Injunctions Civil remedy Can obtain interim order Useful where continuing breaches Damages for breach Imprisonment for Contempt of Court

European Co-operation Article 69A TFEU (Lisbon) Judicial cooperation in criminal matters Principal of mutual recognition of judgments and judicial decisions Environment not yet a specified area for cooperation under Article 69B.

Mutual recognition of Judgments Council Framework Decisions on Freezing Property and Seizing of evidence 2003/577/JHA Mutual Recognition of Financial Penalties 2005/214/JHA Mutual Recognition of Confiscation Orders 2006/783/JHA

Mutual Recognition : UK Criminal Justice (International Co-Operation) Act 1990. Criminal Justice & Immigration Act 2008 Sections 80-92 Serious Organised Crime & Police Act 2005 Sections 95-96

Mutual Recognition of Judgments Council Framework Decision on Judgments imposing custodial penalties or sentences involving deprivation of liberty. 2008/909/JHA Deadline for transposition December 2011. Judgments can be recognised and enforced in other Member States.

Mutual Recognition of Judgments Council Framework Decision on Judgments imposing non custodial penalties and probation decisions 2008/947/JHA Deadline for transposition December 2011. Judgments can be recognised, enforced and supervised in another Member State.