Maximum fines can be up to £50,000 for individuals.
The guideline is being introduced as currently there is limited guidance in the Magistrates’ Court Sentencing Guidelines or in Court of Appeal authority. Research has also shown a lack of familiarity among magistrates with sentencing these types of offences.
The guideline will come into effect on 1 July 2014 and aims to promote a consistent approach to the sentencing of these offences in courts across England and Wales.
The guideline, which sets out clear starting points and ranges, aim to ensure, in particular, that the level of fines given to offenders is proportionate to the seriousness of the offences they have committed. This is so they are punished, deterred from committing more crime and if they have obtained an economic benefit by committing the offence, receive an appropriate financial penalty.
The guideline covers sentencing for the unauthorised deposit of waste (fly-tipping) under Section 33 of the Environmental Protection Act 1990, and illegal discharges to air, land and water under Regulations 12 and 38 (1), (2) and (3) of the Environmental Permitting (England and Wales) Regulations 2010.