Douglas Scott
Doug is a regulatory barrister with particular interest in Environmental, Health & Safety, Food and Planning. He also has significant Crime experience too which compliments his other areas of practice. Doug’s recent work in these areas include:
• Advising a client on whether to pursue a claim against the Environment Agency for failing to comply with The Environmental Damage (Prevention and Remediation) (England) Regulations 2015.
• Advising an investment fund on the risks under the Health and Safety at Work etc. Act 1974 and the Defective Premises Act 1972 regarding a potential unsafe building.
• Junior counsel in a recent animal feed Judicial Review – R (Fold Hill Foods Ltd) v Food Standards Agency [2023] EWHC 2271 (Admin).
• Successfully representing a Local Authority in its resistance of a planning appeal that sought permission to construct an 80-bed dementia care home.
Practice Areas
Panels
- Case Analysis Panel
- Contributing Author
Qualified Year
- 2021
Experience
- Six Pump Court (2022 - Present)
Membership
- Criminal Bar Association
- Health & Safety Lawyers Association
- Planning and Environment Bar Association
- UK Environmental Law Association
- Food Law Group
Qualification
- 1st Class Honours (LLB) (2016)
Education
- University of Sheffield (2016)
4 Contributions by Douglas Scott
PRACTICE NOTES
Appealing health and safety sentences: magistrates’ to Crown Court and CACD routes, procedure and leading authorities on fines, costs and guidelines (England and Wales)
Practitioners need to be mindful of the procedural steps when contesting sentences in health and safety prosecutions, whether before the Crown Court or the Court of Appeal (Criminal Division). The Court of Appeal has reviewed a range of health and safety sentences and has provided guidance to practitioners on several points, notably the correct approach to sentencing very large companies, public organisations, companies with small operating profits, and the treatment of prosecution costs incurred.
Appeal from the magistrates’ court to the Crown Court
Section 108 of the Magistrates Courts Act 1980 (MCA 1980) grants a defendant the right to appeal against conviction, against sentence, or against both the conviction and the sentence imposed by the magistrates’ court. The process for lodging an appeal is set out in the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Part 34. See Practice Notes: Appealing a conviction in the Crown Court, Appeal against sentence in the Crown Court, and Starting an appeal in the Court of Appeal Criminal Division (CACD)...
Corporate Crime
PRACTICE NOTES
Enforcement under the Health and Safety at Work etc. Act 1974: regulators’ roles, inspectors’ powers, investigations, Improvement and Prohibition Notices, injunctions and prosecutions
The Health and Safety Executive
The Health and Safety Executive (HSE) is a non-Departmental Body within the Department of Work and Pensions and primarily serves as the principal regulator for health and safety offences. It co-operates closely with the Crown Prosecution Service (CPS) and the police under the work related deaths protocol where manslaughter and corporate manslaughter are in issue. See Practice Note: Corporate manslaughter—an introductory guide. Section 10 of the Health and Safety at Work etc. Act 1974 (as amended) (HSWA 1974) establishes the HSE to advance health and safety at work by conducting research, by providing training and information, and by undertaking enforcement.
Basis of the HSE’s statutory powers
Its powers and duties derive from a wide and comprehensive range of relevant statutes and statutory instruments...
Corporate Crime
PRACTICE NOTES
Environmental offences: sentencing organisations in England and Wales - 12-step guideline, culpability/harm, very large organisations, financial orders, mitigation and key case law
The Sentencing Council has released offence-specific sentencing guidance for use in magistrates’ courts and the Crown Courts in England and Wales concerning, specifically, unauthorised or harmful depositing, treatment or disposal of waste, and also illegal discharges to air, water and land, directly contrary to section 33 of the Environmental Protection Act 1990 (EPA 1990) and the Environmental Permitting (England and Wales) Regulations...
Corporate Crime
PRACTICE NOTES
Local authority powers to investigate environmental crime: statutory framework, entry and search, information requirements, vehicle seizure, surveillance, interviews under caution, obstruction offences, and practical guidance
When do local authorities investigate environmental offences?
Environmental offences encompass a wide array of unlawful activities that impact our surroundings. Local authorities usually take the lead on investigating, enforcing and prosecuting the less serious breaches. In England and Wales, duties can overlap between local authorities, the Environment Agency (EA), Natural England (NE) and Natural Resources Wales (NRW). In Scotland, investigations into environmental crime are carried out by the Scottish Environment Protection Agency (SEPA).
For guidance, see:
Practice Note: Environmental prosecution and enforcement policy
Practice Notes: Environment Agency—powers to investigate environmental crime; and Environment Agency (EA)—powers of entry
Practice Note: Natural England—powers to investigate environmental crime
Practice Note: Natural Resources Wales—powers to investigate environmental crime
Practice Note: Scottish Environment Protection Agency—powers to investigate environmental crimes
Where a statute does not expressly assign responsibility, arrangements are usually addressed through Protocols or Memorandums of Understandings agreed between the respective regulators...
Corporate Crime
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