Mahfud Mahfud(1*)

(1) Universitas Syiah Kuala, Banda Aceh
(*) Corresponding Author


The UK has incorporated the strict liability principle in dealing with the environmental offence in its legislations. However, the principle application has some detrimental impacts. This article aims to discuss strict liability crimes in the UK’s environmental legislations and civil penalties in the UK, the detrimental effects of applying its principle and the reasons for supplementing criminal penalties for environmental offences with civil penalties. This will be done through the adoption of a doctrinal legal research method. The incorporation of strict liability principle in the UK’s legislations can be found in the Environmental Protection Act 1990, the Water Resources Act 1991, Part 2A of the Environmental Protection Act 1990 and the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No. 675). The detrimental effects of the principle application are the ignorance of mens rea element, unfair trial, ineffective environmental damage prevention, and contradictory to release right. The reasons for applying civil penalties of criminal law violation in regard with violating environmental law are this punishment is possible to be imposed on companies, it strengthens another kind of non-criminal sentence sanction, it is a peaceful solution, a polluter may manage by himself to repair the damage, it has no stigma on the polluter and it has wider law enforcement form. There is a dearth of literature looking at the latest UK’s legislation incorporating strict liability principle application. This article will fill this literature gap. 


Strict liability; Offences; Civil penalties; Environmental; United Kingdom

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Adshead, Julie, “Doing justice to the environment”, The Journal of Criminal Law, vol. 77, no. 3 (2013), pp. 215-230.

Article 5 and 7 of proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law, this was introduced on 9 February 2007.

Ashworth, Andrew, “Should strict criminal liability be removed from all imprisonable offences?”, Irish Jurist (1966-) vol. 45 (2010), pp. 1-21.

Ashworth, Andrew, Principles of Criminal Law, New York: Oxford University Press, 2006.

Atkinson, Nicola. “Strict Liability for Environmental Damage: The Cambridge Water Company case”, Journal of Environmental Law, vol. 5, no. 1 (1993), pp. 173-184.

Atkinson, Nicola, “Strict Liability for Environmental Law: the Deficiencies of the Common Law”, Journal of Environmental Law, vol. 4, no. 1 (1992), pp. 81-107.

Bell, Stuart, and Donald McGillivray, Environmental Law, New York: Oxford University Press, 2008.

Bloom, Jane L., Mark A. Silberman, and Gaines Gwathmey, “Superfund‐type liabilities in Europe”, Environmental Claims Journal, vol. 4, no. 3 (1992), pp. 355-365.

Burnett-Hall, Richard H., “Emerging Trends in Environmental Law: Non-Fault Liability: The United Kingdom”, in Environmental Liability, ed. by Patricia Thomas (London: SJ. Berwin & Co., 1990), pp. 149.

Empress Car Company (Abertillery) Ltd. V National Rivers Authority [1998], The Times 9th February.

Empress Car Company (Abertillery) Ltd. v National Rivers Authority [1998] Env LR 396.

Hawke, Neil, and Pamela Hargreaves, “Environmental Compensation Schemes: experience and prospects”, Environmental Law Review, vol. 5, no. 1 (2003), pp. 9-22.

Holder, Jane, and Maria Lee, Environmental protection, law and policy: Text and materials, Cambridge: Cambridge University Press, 2007.

Jessica Lynn Corsi, “An Argument for Strict Legality in International Criminal Law”, Geo. Journal of International Law, vol. 49 (2017), pp. 1321-1381.

Lev, Tamara Lotner, “Liability for Environmental Damages from the Offshore Petroleum Industry: Strict Liability Justifications and the Judgment-Proof Problem”, Ecology Law Quarterly, vol. 43, no. 2 (2016), pp. 483-494.

Mahfud, Mahfud, “United Kingdom and Usa’s Legislations to Clean Historic Contamination”, Mimbar Hukum-Fakultas Hukum Universitas Gadjah Mada, vol. 25, no. 1 (2013), pp. 163-177.

Maurici, James, and Richard Macrory, “Rethinking regulatory sanctions—Regulatory Enforcement and Sanctions Act 2008—An exchange of letters”, Environmental law & management, vol. 21, no. 4 (2009), pp. 183-188.

Mills, Alistair, “The Environmental Civil Sanctions Regime”, Judicial Review, vol. 24, no. 1 (2019), pp. 1-18.

Parpworth, N., Thompson, K. and Jones, B., “Environmental Offences: Utilising Civil Penalties”, Journal of Planning and Environmental Law (2005), pp. 564.

Prendergast, David, “The Constitutionality of Strict Liability in Criminal Law”, Dublin University Law Journal, vol. 33, (2011), pp. 286-at.

Prendergast, David, “Strict Liability and the Presumption of Mens Rea after CC v Ireland”, Irish Jurist (1966-) vol. 46 (2011), pp. 211-220.

Reed, Alan, “Strict Liability and the Reasonable Excuse Defence: R v Unah [2011] EWCA Crim 1837”, The Journal of Criminal Law, vol. 76, no. 4 (2012), pp. 293-297.

Sands, Philippe, Principles of International Environmental Law I: Frameworks, standards and Implementation, Manchester: Manchester University Press, 1995.

Taratoot, Cole D., “The politics of administrative law judge decision making at the Environmental Protection Agency in civil penalty cases”, American Politics Research, vol. 42, no. 1 (2014), pp. 114-140.

The Environment Act 1995, the Town and Country planning Act (TCPA) 1990 and the Pollution Prevention and Control Act 1999.

The Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No. 675).

The Environmental Protection Act (EPA) 1990.

The Water Resources Act 1991, s.88.



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