Walleys Quarry mediation frequently asked questions

What would trigger prosecution or proceedings in court?

The enforcement policy details:

Our decisions about enforcement action, and in particular the decision to prosecute, have serious implications for all involved. The aim of this policy is to set out the principles that apply when we conduct our enforcement work 

A prosecution will normally ensue where the individual or organisation meets one or more of the following criteria:

  • deliberately, negligently or persistently breached legal obligations
  • used an element of deception, theft or fraud
  • made significant gain or caused significant loss
  • deliberately or persistently ignored written advice or formal notices
  • endangered, to a significant degree, the health, safety or well being of people, animals or the environment
  • assaulted or obstructed an Officer in the course of their duties

When deciding whether to prosecute we will have regard to the evidential test in the code for Crown Prosecutors on prosecution policy. A prosecution will not be started or continued unless there is sufficient admissible and reliable evidence that an offence has been committed by an identifiable person, and unless there is a realistic prospect of a conviction. We will also consider any lines of defence which are plainly open to or indicated by the accused and to the public interest.

As the landfill hold an environmental permit from the Environment Agency, should the council determine that prosecution is necessary it would have to seek permission from the Secretary of State for the Environment to prosecute.