Recommendation 19

The Agency told us how current sanctions often have limited deterrent effect. It considers that the only penalty that makes a difference to many waste criminals, particularly one from an organised crime group, is a custodial sentence, but even when these are imposed they are often not long enough to deter further crime. Fines are not high enough and are treated as business expenses by waste criminals.66 The Agency acknowledged that sentencing guidelines require courts to have regard to guilty individuals’ ability to pay, but asserted that larger fines, and more and longer custodial sentences, would act as greater deterrents.67 It told us that it is using the Proceeds of Crime Act more frequently to confiscate criminals’ assets, which as well as acting as strong deterrent has the added benefit of generating revenue for the Agency, in contrast to fines where the money goes to HM Treasury.68