Fly-tipping: Sentencing
The question
To ask the Secretary of State for Justice, what discussions he has had with local authorities, including Somerset Council, on strengthening sentencing to tackle fly tipping in rural areas such as Yeovil constituency.
Answered by Jake Richards
Waste crime blights communities, harms the environment, and undermines legitimate businesses.
The Government is clear, penalties for waste crime must match the harm it causes. As part of the Waste Crime Action Plan, published on 20 March, the Ministry of Justice has committed to work closely with the Department for Environment, Food & Rural Affairs to explore what more can be done to further ensure that those who commit these types of offences are appropriately punished. This would aim to reinforce the effectiveness of current systems and strengthen our overall approach to tackling illegal behaviour.
Sentencing decisions in individual cases are a matter for the independent judiciary and it would therefore not be right for the Ministry of Justice to engage with individual local authorities on sentencing decisions in specific local areas. Parliament has provided the courts with a broad range of sentencing powers to deal effectively and appropriately with offenders, and the courts take into account any aggravating and mitigating factors in line with any relevant sentencing guidelines issued by the Sentencing Council.
In 2014, the Council issued guidelines on environmental offences for individuals and organisations which capture offences involving the unauthorised or harmful deposit, treatment or disposal of waste as well as illegal discharges to air, land and water. The guidelines are designed to increase consistency and transparency in sentencing for these offences. In 2016, it published an assessment of the impact of the guideline on sentencing trends.
The Council keeps its guidelines under regular review. In 2024, following consultation and after carefully considering representations from those concerned with prosecuting fly-tipping offences, the Council updated the guideline for individuals to provide for greater use of community orders (over fines) in recognition of the seriousness of this offending. Further information is available on the Council’s website: https://sentencingcouncil.org.uk/guidelines/crown-court/.
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