Justine Thornton in the first Court of Appeal decision on the Transfrontier Shipment of Waste regime
Justine Thornton and David Hart QC acted for the lead defendant in the first ruling by the Court of Appeal Criminal Division on the criminal offences under the transfrontier shipment of waste regime. KV v R & Others ( EWCA Crim 2342) concerned prosecutions for transporting waste destined for recovery in Nigeria and Ghana contrary to Article 36 of the EU Regulation which prohibits exports of hazardous and other specified waste destined for recovery to non OECD countries.
The main issues before the Court of Appeal were the width of the term ‘export’ in Article 36 of the EU Regulation and whether Regulation 23 of the domestic regulations impermissibly creates a broader offence than intended by Article 36 of the EU Regulation. A further Court of Appeal decision on other aspects of the regime (mixtures of wastes) is expected imminently and a third appeal on the nature of criminal liability (strict liability or mens rea required) is due to be listed.