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Waste Management: Prosecutions

Home Department written question – answered on 18th June 2009.

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Photo of Adrian Sanders Adrian Sanders Opposition Deputy Chief Whip (Commons)

To ask the Secretary of State for the Home Department how many prosecutions have been sought under section 33 of the Environmental Protection Act 1990 in each local authority area in the South West in each of the last five years; and how many such prosecutions were successful.

Photo of Claire Ward Claire Ward Parliamentary Under-Secretary, Ministry of Justice

I have been asked to reply.

The number of defendants who were proceeded against at magistrates courts and found guilty at all courts for offences under the Environmental Protection Act 1990 sec. 33, in England and Wales, 2003 to 2007 (latest available) is shown in the table.

It is not possible to identify data at local authority area level, as the data are not collected at this level of detail. Police force area data for the South West region have been provided in lieu.

These data are on the principal offence basis. The figures given in the table on court proceedings relate to persons for whom these offences were the principal offence for which they were dealt with. When a defendant has been found guilty of two or more offences, the offence selected is the one for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

Court proceedings data for 2008 will be available in the autumn of 2009.

Prosecution figures are only for cases taken through the court system and do not reflect the full range of enforcement actions available to local authorities.

In 2007-08 local authorities took a wide range of additional enforcement actions against fly-tippers, including warning letters, statutory notices, formal cautions and injunctions.

Number of defendants who were proceeded against at magistrates courts and found guilty at all courts for offences under the Environmental Protection Act 1990 sec.33, in the South West area, by police force area 2003 to 2007( 1,2,3,4)
Offence code : 9115, 9116, 9137
Proceeded against Found guilty
Police force area (PFA)/region 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007
Avon and Somerset PFA 3 1 5 4 11 3 1 2 3 9
Devon and Cornwall PPA 16 25 22 16 30 11 20 21 10 25
Dorset PFA 1 0 6 9 3 2 1 3 3 3
Gloucestershire PFA 2 0 4 3 5 2 0 4 2 4
Wiltshire PFA 3 8 5 3 7 5 7 4 2 6
South West Region 25 34 42 35 56 23 29 34 20 47
(1) The figures given in the table on court proceedings relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

(2) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts, and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.

(3) Includes the following statutes and corresponding offence descriptions:

9115—Environmental Protection Act 1990 sec.33(8).

Depositing, causing the deposition or permitting the deposition, treating, keeping or disposing of controlled (but not special) waste in or on land without a licence.

9116—Environmental Protection Act 1990 sec.33(9).

Depositing, causing the deposition or permitting the deposition of controlled special waste in or on land without a licence.

9137—Environmental Protection Act 1990 sec.33(6).

Contravening conditions of a waste management licence.

(4) The found guilty column may exceed those proceeded against, as it may be the case that the proceedings in the magistrates court took place in the proceeding year and they were found guilty at the Crown court in the following year.

Source:

OCJR—E and A: Office for Criminal Justice Reform—Evidence and Analysis Unit, Ministry of Justice

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