ENVIRONMENTAL CIVIL PENALTIES. A More Proportionate Response to Regulatory Breach. Michael Woods Senior Associate Stephenson Harwood email@example.com www.ucl.ac.uk/laws/environment/civil-penalty/. What is a Civil Penalty?. The traditional civil/criminal distinction
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A discretionary monetary sum, imposed flexibly under civil law, achieving deterrence and reparation
Compliance through discretion and consensus, but…
Over-reliance on criminal prosecution and strict liability
Trivialisation of offences and inadequate fines
Regulator reluctance to enforce?
A more proportionate and responsive approach to regulation
Better match between the sanction and moral/financial costs of the offence,leading to improved compliance
Better regulation and a better environment
Model? Industry/NGO/public feedback? Lobbying?
On the principle? On the detail?