25 Bedford Row
7 Experts
15 Contributions by 25 Bedford Row Experts
PRACTICE NOTES
Forthcoming change:
The Sentencing Act 2026 gained Royal Assent on 22 January 2026 and delivers extensive revisions to the Sentencing Code. It brings in additional sentencing powers, such as new financial orders, widens both the scope and obligations of community orders and suspended sentence orders, and introduces major alterations to bail and overarching sentencing principles. The Act also overhauls elements of release, recall, post-sentence supervision, and the deportation framework for foreign criminals. Some sections are scheduled to commence on 22 March 2026, with further provisions activated in stages by regulations. This content will be updated as the relevant measures are brought into force. For more information, see: LNB News 23/01/2026 5. This Practice Note sets out when a defendant may appeal to the Crown Court from a magistrates’ court’s refusal to grant bail or to vary bail conditions. It
Corporate Crime
PRACTICE NOTES
The Civil Contingencies Act 2004
The Civil Contingencies Act 2004 (CCA 2004) constitutes the principal legal framework for managing large-scale emergencies across the UK.
Part 1 of the CCA 2004 places obligations on a spectrum of public bodies and designated private entities (e.g. energy suppliers and telecommunications operators) to carry out contingency planning and co‑operation for emergencies.
Part 2 of the CCA 2004 empowers a senior government minister to make emergency regulations, including provisions capable of altering primary legislation.
It should also be recognised that a variety of other exceptional statutory powers can be used in a crisis without any declaration under Part 2. For example, primary legislation such as the Coronavirus Act 2020 and section 14 of the Human Rights Act 1998 (HRA 1998) enables a Secretary of State to issue a designated derogation from rights under the European
Public Law
PRACTICE NOTES
By-product or waste?
Working out whether a substance or item counts as waste can be intricate. See Practice Note: Meaning of waste—what is waste? The task may require judging if the material is a product/by-product, or instead a production residue. The expression ‘by-product’ lacks a definition in domestic legislation, and production residues are especially hard to evaluate...
Environment
PRACTICE NOTES
The Waste (England and Wales) Regulations 2011
The Waste (England and Wales) Regulations 2011 (SI 2011/988) gave effect in domestic law to the Waste Framework Directive 2008/98/EC (WFD), as updated in 2018. Earlier Directives were put into practice through a suite of Acts and Regulations, among them:
the Environmental Protection Act 1990, notably section 34 on the duty of care owed by those handling waste
the Control of Pollution (Amendment) Act 1989 and the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 (SI 1991/1624), addressing registration of waste carriers
the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154), covering permits for waste disposal and recovery activities
the Hazardous Waste (England and Wales) Regulations 2005 (SI 2005/894), the Hazardous Waste (Wales) Regulations 2005 (SI 2005/1806 (W.138)), and the Hazardous Waste (England and Wales)
Environment
PRACTICE NOTES
Conditions of bail
This Practice Note sets out when bail may carry conditions and summarises typical measures, including securities and sureties. For guidance on breaches, see Practice Note: Absconding and breach of bail conditions in criminal court proceedings. A defendant granted bail by the court may have to observe conditions both prior to and following release. The Bail Act 1976 (BA 1976) identifies some potential conditions, but the list is not comprehensive. See also: Court bail application—checklist. No condition should be attached unless the court deems it necessary to ensure the defendant:
appears at court
does not commit offences whilst on bail
does not interfere with witnesses or impede the course of justice
co-operates with preparation of pre-sentence reports
attends meetings with their legal
Corporate Crime
PRACTICE NOTES
Introduction
The Waste (England and Wales) Regulations 2011, SI 2011/988 (Waste E&W Regs 2011), represents a significant waste law, although not the only one. It brought many of the requirements of the Waste Framework Directive 2008/98/EC, as amended (WFD 2008), into domestic legislation within England and Wales...
Environment
PRACTICE NOTES
Waste—regulatory framework
The Waste (England and Wales) Regulations 2011, SI 2011/988, brought the obligations of the Waste Framework Directive 2008/98/EC (WFD) into domestic law in England and Wales. Earlier Directives were implemented through a range of Acts and Regulations, including, among others:
Environmental Protection Act 1990, in particular s 34, which addresses the ‘duty of care’ imposed on those responsible for waste
Control of Pollution (Amendment) Act 1989 and the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, SI 1991/1624, covering registration arrangements for waste carriers
Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154, addressing the permitting of waste disposal and recovery operations and related activities
Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894; Hazardous Waste (Wales) Regulations 2005, SI 2005/1806 (W.138); and Hazardous Waste (England and Wales) (Amendment) Regulations 2016, SI 2016/336, also governing hazardous waste
Town and Country Planning Act 1990 and the
Environment
PRACTICE NOTES
Enforcement under the Food Safety Act
An authorised officer of an enforcement authority may enter any premises within the authority’s area, at all reasonable hours, for the purpose of ascertaining whether the Food Safety Act 1990 (FSA 1990) is being, or has been, contravened on those premises. If the occupier requests it, the officer must be able to produce duly authenticated documentation confirming their authority to act in that capacity. An authorised officer also has the power to enter any business premises, whether inside or outside the authority’s area, to establish whether there is any evidence or indication, on those premises, of any contravention, within that area, of the FSA 1990. An authorised officer of a food authority may, in addition, enter any premises whenever necessary and appropriate in order to perform their functions under the FSA 1990. Where premises are used solely as a
Corporate Crime
PRACTICE NOTES
What are the Food Safety and Hygiene (England) Regulations 2013
Known as FSH(E)R 2013 and cited as SI 2013/2996, these regulations apply only in England and took effect on 31 December 2013. All action to enforce food safety and food hygiene is undertaken under these provisions. The Food Standard Agency (FSA) works alongside local authorities and Port Health Authorities when issues arise or breaches of the rules are suspected. Their overall effectiveness is also reviewed using general feedback provided by industry and by enforcement authorities on a continuing general basis...
Corporate Crime
PRACTICE NOTES
Definition of Waste
'Waste' is described in the Waste Framework Directive, Directive 2008/98/EC (WFD), as any material or item that the holder discards, plans to discard, or must discard. For further details, see Practice Note: Meaning of waste—what is waste? Waste Framework Directive 2008/98/EC (as amended in 2018) (WFD). The Waste (England and Wales) Regulations 2011, SI 2011/988, gave domestic effect to the WFD’s requirements in England and Wales under domestic law...
Environment
PRACTICE NOTES
Terrorism law in the UK spans both common law and statute, encompassing a broad range of criminal offences and civil powers. The Terrorism Act 2000 (TA 2000) was crafted to serve as a comprehensive structure for counter-terrorism powers. Following the 9/11 attacks, however, the TA 2000 framework was revised and reinforced by additional legislation:
Anti-terrorism, Crime and Security Act 2001 (ACSA 2001)
Prevention of Terrorism Act 2005 (PTA 2005)—subsequently repealed by the Terrorism Prevention and Investigation Measures Act 2011, s 1 (see below)
Terrorism Act 2006 (TA 2006)
Counter-Terrorism Act 2008 (CTA 2008)
Terrorist Asset-Freezing etc Act 2010 (TAFA 2010)
Terrorism Prevention and Investigation Measures Act 2011 (TPIMA 2011)
Protection of Freedoms Act 2012 (PFA 2012)
Justice and Security Act 2013 (JSA 2013)
Counter-Terrorism and Security Act 2015 (CTSA 2015)
Public Law
PRACTICE NOTES
Introduction
Waste is defined as ‘any substance or object which the holder discards or intends or is required to discard’. Assessing whether something amounts to waste is complex and usually calls for a case-by-case evaluation of whether the holder has discarded an item, intends to do so, or is obliged to discard it. The term ‘discard’ must be construed in light of legislative provisions addressing the harmful effects of waste and the protection of the environment and human health. Nonetheless, some materials lie outside the scope of waste. This Practice Note describes the provisions dealing with matters excluded from the statutory definition of waste.
See also the following Practice Notes:
Meaning of waste—what is waste?
Meaning of waste—definition of waste
Waste projects—overview
Environmental Permitting Regulations 2016—waste installations, waste operations and exempt waste
Environment
PRACTICE NOTES
What is the ‘waste hierarchy’?
Under the Waste (England and Wales) Regulations 2011, SI 2011/988, reg 12, any establishment or undertaking that imports, produces, collects, transports, recovers or disposes of waste—or that, as a dealer or broker, has control of waste—must, at the point of transfer, take all measures reasonably available in the circumstances to apply the following hierarchy in order of priority:
prevention
preparing for re-use
recycling
other recovery (eg energy recovery)
disposal
The Waste (England and Wales) Regulations 2011 transposed the requirements of the Waste Framework Directive 2008/98/EC (WFD) into domestic law...
Environment
PRACTICE NOTES
Meaning of recovery
The term ‘recovery’ is set out in paragraph 2 of Part 1 of Schedule 9 to the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154). It carries the same meaning as in the Waste Framework Directive 2008/98/EC, as amended by Directive (EU) 2018/851, and associated terms are to be interpreted accordingly.
In the WFD, ‘recovery’ means any operation where the main outcome is that waste delivers a useful purpose by:
replacing other materials that would otherwise be used to fulfil a particular function within a plant or in the wider economy, or
being prepared to fulfil a particular function within a plant or in the wider economy
Annex II to the WFD provides a non-exhaustive list of recovery operations. Recovery is a central element of waste management under the WFD and, together with disposal activities, constitutes waste treatment as defined. Accurately
Environment
PRACTICE NOTES
Waste indicators guidance
The EA has issued guidance ‘Check if your material is waste’, which assists in judging whether a material is waste, a ‘by-product’, or attains ‘end of waste’ status. As we move towards a more circular economy, waste indicators have evolved to support resource efficiency and productivity. For more on the circular economy, see Practice Note: Circular Economy and Resource Efficiency.
Positive waste indicators
Production residues
‘Production residues’ are substances not intentionally generated during extraction, production or manufacturing. They are usually regarded as waste unless they meet the tests for ‘by-products’, which are not treated as waste. See Practice Note: Meaning of waste—products and by-products.
In Commission v Italy, three separate enforcement proceedings were brought against Italy for failing to fulfil its obligations under Directive 75/442/EEC (as amended), and were heard by the same court on the same day. Each matter addressed different issues, although the core
Environment
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