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\u2019s 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>
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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>
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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>
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