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juamei
juamei
2013 posts

Legality of litter and all that
Jan 24, 2003, 09:38
(Lifted from the encams site FAQ)

20 Is it a crime to drop litter?
Yes, if it happens in a public place. The average fine is around £95 although a court does have the power to fine someone up to £2,500 (a Level 4 offence on the Standard Scale). Cases are heard in the Magistrates' Court. Approximately 400 people were prosecuted last year by the police for littering. Alternatively, in some areas you could get a £50 fixed penalty fine for littering from the local authority "litter warden".

21 What is litter?
Legally speaking, the word litter is given a wide interpretation. Litter can be as small as a sweet wrapper, large as a bag of rubbish or it can mean lots of items scattered about. ENCAMS describes litter as "Waste in the wrong place caused by human agency." In other words, people make litter. The Offence of Leaving Litter (section 87 of the Environmental Protection Act 1990) says that if a person drops, throws, deposits or leaves anything so as to cause defacement in a public place, they could be committing a littering offence. So always put rubbish in a bin, or take it home.

22 What can I do if I see someone drop litter?
If you are with someone you know and they drop litter you may feel safe telling them that they shouldn't. However, even though it is infuriating to see someone littering, ENCAMS does not want you to put your personal safety at risk. The same applies if you see litter thrown from cars. Police officers or litter wardens are empowered and trained to deal with offenders. If you have information about a littering incident you could report it to the police, the local authority or a litter warden, but it is up to them to decide whether they wish to proceed any further. Whilst it is possible to take a private prosecution, it would be at a person?s own expense and you will need strong evidence to prove your case in court.
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