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Effective Enforcement: Overcoming Common Investigation Obstacles in Environmental Law

This guide by David Armstrong outlines essential strategies for effective enforcement in environmental investigations. It highlights common obstacles, points of enquiry, and the significance of understanding business aspects, such as premises, suppliers, and utilities. Key sections address the powers of enforcement bodies, interviewing techniques, and the importance of preparation and disclosure in interrogation. The text also emphasizes alternative charges and proactive responses in interviews to streamline the investigative process. A valuable resource for environmental professionals looking to enhance their enforcement capabilities.

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Effective Enforcement: Overcoming Common Investigation Obstacles in Environmental Law

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  1. Effective Enforcement David Armstrong

  2. Effective Enforcement – Getting past common obstacles Investigation – where and how Points of enquiry – powers Interviewing Statements

  3. Investigation – where and how • Whose business? A business needs: • Premises • Suppliers • Utilities • Employees • Customers • banking, etc

  4. Points of Enquiry • A point of enquiry is not (yet) a suspect • Consider details found in a bag of waste • Other points of enquiry, 3rd parties: • Section 29, Data Protection Act • Section 108, Environment Act (s53 CNEA) • Section 71, Environmental Protection Act • Section 7, Bankers Books Evidence Act 1879

  5. Interviewing • Preparation – • Enquiry or Caution Interview • When and where • Disclosure • Structure and conversation • Q-A-Q-A-Q – • Detail • Back to section 108 (keep it in reserve) • Alternative charges – 34(2A) EPA and 108 EA

  6. Statements • ANSWER QUESTIONS BEFORE THEY ARE ASKED – • A.D.V.O.K.A.T.E. (will be asked) • USE LOCATION PLANS • USE EXHIBITS GENERALLY

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