Podcast Location:
Download it here [file size: 24.8 MB]
Categories:
Criminal Law
Environmental Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this CPDcast, Richard Kimblin, a barrister at No 5 Chambers considers the court’s approach to a framework of fines and how they are deciding the level of penalty that will be applied. He also discusses some of the key environmental cases and influential cases from other related areas.

Outcomes:
After completing the course you will:
  • Understand the current tariff system that exists in terms of sentencing for environmental crimes;
  • Appreciate the key guideline cases and the published guidance;
  • Appreciate the guidance in Milford Haven and in Yorkshire Water;
  • Understand the 'framework approach' discussed in Clifton Steel;
  • Appreciate how this area was advanced by R v HIP (Bodycote);
  • Know how we are to approach sentencing for environmental offences as discussed in the case of R v Thames Water Utilities;
  • Know the impact of the Regulatory Enforcement and Sanctions Act 2008;
  • Understand the Variable Monetary Penalty;
  • Understand the issues surrounding the Agency Draft Guidance.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • TWUL [2010] EWCA Crim 2020;
  • R v Thames Water Utilities [2010] Env LR 34;
  • R v HIP (Bodycote);
  • Regulatory Enforcement and Sanctions Act 2008;
  • R v F Howe (Engineering) Ltd.

This podcast examines fines in the context of environmental crimes and the key case law that has influenced this area.

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