An “unprecedented number” of local authorities and professional bodies have come together in support of a letter that urges the Sentencing Council to consider tougher fines and sentences for fly tipping offenders.
The letter was written by the Hertfordshire Fly Tipping Group, an arm of Hertfordshire Waste Partnership, which claims the current system for prosecuting fly tippers is “not fit for purpose”.
The chair of the Fly Tipping Group, Duncan Jones, who sent the letter on its behalf, said that the amount of support for the letter “clearly puts the ball in the Government’s court with respect to the need to recognise the strength of feeling and respond accordingly”. And, he described the support for Hertfordshire’s call to action as coming from an “unprecedented” range of organisations.
Explaining why the letter was sent, Cllr Eric Buckmaster, chair of the Hertfordshire Waste Partnership, said: “During 2020/21 we were faced with exceptionally high levels of fly tipping. Without an effective deterrent, the number of fly tips will continue to go up, creating a massive burden on our resources and causing a blight on our countryside.
“We urge the Sentencing Council to respond to the areas we have highlighted for review.”
‘Suitable deterrent’
The letter documents a range of concerns about how the courts currently respond to fly tipping.
It starts by arguing that current sentences handed down “do not always match the severity of the offence”, meaning they do not act as a suitable deterrent for future offenders.
Mr Jones continues: “This has become particularly noticeable following a surge in fly tipping and littering during the pandemic combined with a much wider use and appreciation of outdoor spaces. The media and public reaction to this has seriously questioned the existing level of deterrence. It seems that fly tipping has become a far more attractive option for criminals.”
Fines
The letter goes on to identify a range of issues that the Group would like the Sentencing council to review.
It firstly calls for fly tipping court fines to exceed the costs of the Fixed Penalty Notices (FPN) currently given out to offenders. This is in order to include the costs incurred by “the public purse” and the police, in bringing the fly-tipper to court.
Mr Jones points to research carried out in Hertfordshire during 2018/19, 2019/20 and 2020/21 that shows the average fine for fly tipping was £341, £365 and £297 respectively, versus a potential maximum FPN of £400.
At the other end of the scale, in Buckinghamshire, it was found that the average fine imposed was £738, with the highest fine imposed being £3500.
Earnings
Mr Jones explains: “The guideline for such an offence is a fine with starting point of Band F, which is 600% of weekly earnings. If we take the average UK earnings (£514 a week), then a Band F fine would be £3,084; anecdotally much larger than most of the fines issued by the courts. This would be a very welcome fine in our experience, and we believe it would go some way to restoring public confidence.”
When deciding the level of a fine, the Group is calling for the court to look at the offence first, rather than the person and their ability to pay. It suggests that if a defendant cannot pay the fine in full or in part, community-based sentences should be more widely used. It also highlights that the use of suspended prison sentences has proved to be a “strong deterrent” to offenders, and recommends that the Sentencing Council take this into consideration.
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Source: letsrecycle.com Waste Managment
