ABSTRACT
This chapter considers the principles behind enforcement activity undertaken by the Environment Agency in England and whether the complex matrix of penalty principles and public interest considerations it espouses serve to bring about real environmental benefits from enforcement decisions. The extension of enforcement options by the introduction of administrative sanctions has introduced new principles and issues to decision making and considers the extent to which this framework is underpinned by similar or related public interest considerations. The offender will be asked to demonstrate in their offer that any payment to a third party meets the objectives that the breached legislation is trying to achieve that is, any charity identified must have clear links to a relevant environmental improvement. The Lord Chief Justice commented, obiter, that any prosecution policy should be reviewed by or on behalf of the DPP to ensure that it formed part of a coherent and logical approach to prosecution to be adopted by all prosecutors.
