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<p>The penalties for fly-tipping are on summary conviction: imprisonment for a term
not exceeding 12 months or a fine or both; and on conviction on Indictment: imprisonment
for a term not exceeding five years or a fine or both. The removal in 2015 of the
£5,000 cap for maximum fines that magistrate’s courts can impose, means that magistrates
can hand down a potentially unlimited fine for a fly-tipping summary offence. In May
2016 we introduced fixed penalty notices of up to £400 for small-scale fly-tipping.
This provides local authorities with an alternative to prosecutions and take a more
proportionate enforcement response.</p><p> </p><p>In 2014 the Sentencing Council introduced
new sentencing guidelines for environmental crimes, including fly-tipping. The guidelines
were published to ensure a consistent approach to these offences is taken by courts
in England and Wales. Requests for further guidance were received by the Sentencing
Council from the National Fly Tipping Prevention Group, chaired by Defra, and the
Environment Agency. This was due to concerns that the fines were not high enough to
reflect the seriousness of the offences committed or to have a deterrent effect, and
that there was an inconsistency in fine levels across the country. The guidelines
encourage magistrates to make more use of the highest levels of fines for some of
the more serious offences that come before the courts. It also helps sentencers more
easily pitch a fine that is proportionate to the means of the offender.</p><p> </p><p>The
Sentencing Council reviewed the effectiveness of the guidelines in 2016. The assessment
showed that the level of fines for organisations has risen, but fines for individuals
have not seen the same increase. We are looking into this and intend to work with
the appropriate people in the court system for a consistent application of the guidelines.</p><p>
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