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Environmental Prosecutions - limitations act?
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SafetyGirl  
#1 Posted : 29 November 2011 09:47:34(UTC)
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SafetyGirl
Good morning everyone Just on the off chance that there are some H,S & E folks out here.....is there a time limit as to when an organisation can be prosecuted for an environmental incident? Many thanks in advance, SG
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mylesfrancis  
#2 Posted : 29 November 2011 09:59:23(UTC)
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mylesfrancis
It would depend on what the actual offence is. If it is a "Summary Only" offence, i.e. it can only be heard in the Magistrates' Court, then the prosecution has to brought within 6 months of the offence. If it is an "Either Way" offence which can be heard in the Mags or Crown Court, then there is no time limit. However, if there is a significant delay in bringing the prosecution for an either way offence and it can be shown to prejudice the defendant then the prosecution may be struck out as an abuse of process.
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SafetyGirl  
#3 Posted : 29 November 2011 10:03:16(UTC)
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SafetyGirl
Thanks Mylesfrancis - not too dissimilar to H&S law then...I'll have a look with reference to Scottish Law. Many thanks for that :-)
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