Recommendation 21

The Committee recognises that the Bill’s penalty framework represents a significant departure from existing Scottish environmental offences, particularly through the proposed maximum custodial sentence of up to 20 years’ imprisonment, but accepts that that new offence is intended to be for only the most grave and egregious environmental breaches and also requires the prosecutor to prove a mental element. Given this, penalties under the Bill seem broadly appropriate. However, as stated earlier, this is provided questions over definition, liability and defences are resolved satisfactorily.