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(p. 305) 8. Criminal Liability 

(p. 305) 8. Criminal Liability
Chapter:
(p. 305) 8. Criminal Liability
Author(s):

Elizabeth Fisher

, Bettina Lange

, and Eloise Scotford

DOI:
10.1093/he/9780199270880.003.0008

Note: An update has been made available on the Online Resource Centre (August 2017).

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date: 18 October 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter introduces criminal liability for non-compliance with English environmental law. Environmental crime can be defined as behaviour that contravenes statutory provisions for the protection of the ecological and physical environment, where there is some kind of punitive sanction imposed for the contravention, with such provisions sometimes also pursuing the protection of public health. Environmental crime can also include criminal offences created through the common law, such as public nuisance. The purpose of the chapter is to discuss overarching themes, such as key elements of strict liability offences, in criminalizing behaviour that damages the environment, rather than details of specific offences spelt out in particular statutes. The argument here is that environmental crime sits uneasily within the environmental law regulatory landscape, which has been shaped in the UK in recent years by co-operative, ‘better regulation’ agendas that seek to reduce burdens on business.

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