Fly-tipping – the illegal dumping of waste, whether it’s an old mattress, a few bin bags or large amounts of industrial material – is a menace and a potential public health risk.
It is also a serious criminal offence.
The courts have various powers available to them including imprisonment, fines of up to £50,000 and orders to pay costs. They can also deprive rights to a vehicle used to commit the offence.
Because of cuts to police force budgets investigations concerning fly-tipping are increasingly falling to local councils. In 2016/17 more than one million incidences were dealt with by councils in England, according to Keep Britain Tidy.
Often, a person suspected of fly-tipping will be invited to an interview with investigators or perhaps asked to respond to an allegation in writing.
Before doing so, it is essential to seek legal advice. Any response to such a request can amount to evidence and may support the council’s investigation.
Should the matter be considered suitable, it could be that a prosecution is recommended which can give rise to a criminal conviction.
It is crucial to know your rights and entitlements before engaging with the council in any way. Ronald Fletcher Baker's criminal litigation team has considerable success in negotiating with investigators and avoiding prosecutions and fines.
Contact Piers Desser by email or on 020 7613 7138.