This one-day course will give you a high level overview of what you need to be prepared for if dealing with an EPA prosecution, looking at key areas such as breaches, criminal liability, standard of proof, penalties, suspensions and many other complex issues that come into the mix in these cases.
This course will discuss important areas you need to focus on when it comes to an EPA Prosecution. During the course of the training day, you will have ample opportunity to ask questions relating to issues you have come across or may have in the future. Attendees will leave with a highly detailed course pack.
Module 1 - Outline of Offences
- Licences - What activities does the EPA licence?
- Breaches - What legal provisions apply where a licence is breached?
- Criminal Liability - What are the provisions making a breach an offence?
- Standard of Proof - To what level does an offence have to be proved? And what does that mean in practice?
- Strict Liability and Intention - Do you have to intend to cause pollution?
- Directors and Managers - Who can be liable apart from the Licensee?
- Penalties - What fines and prison sentences can the Court impose for different breaches?
- Other remedies - What other consequences should the Licensee be worried about? – Suspension, revocation, liability for damages
Module 2 - Objectives
- Image - Is your objective to present a positive image of the Licensee?
- Cost - Is your objective to minimise costs?
- Fit and proper person - The effect of ceasing to be a fit and proper person to hold a licence
Module 3 - Approaches
- Avoid Prosecution - What can you do to avoid being prosecuted in the first place?
- Mitigate Liability - You’ve breached the licence: what do you do now?
- Pleading Guilty - You’ve decided to plead guilty: how do you make that work in your favour?
- Contest - You are going for an acquittal: what steps do you need to take to maximise your chances?
Module 4 - Practical Issues
- Evidence - What are the rules of evidence, and how do you disprove the prosecution’s case?
- Samples - How do you undermine the value of the pollution samples?
- Standards - What standards are being relied on, are they relevant, what do they show, and how are they proved?
- Precision and measurement - How accurate are the measurements that are being relied on?
- Source of pollution - Can you show the pollution did not come from you?
Module 5 - Interpretation
- Rules of interpretation - Knowing the difference between what the licence says, what you think it says, and what the prosecutor wants it to say.
- Individual Conditions - Exercise of worked examples of conditions from different licences.
Who Should Attend?
Any public or private organisation who may need to be prepared for an EPA prosecution including manufacturers, suppliers, government departments, building and design professionals, semi state agencies, retailers, waste management, consultancy practices, legal professionals, universities to name just a few.
On completion of this one-day training course, you will receive your Certificate of Attendance. Please note certificates are issued at the close of the training course to participants on completion of the course. Please check directly with your association or awarding body to see how many points they will award.
An ‘Early Bird’ discounted rate of €485 is currently available. This training course normal rate is €585. Places are limited and are allocated on a first come first served basis. PLEASE NOTE THE EARLY BIRD RATE CLOSES 3 WEEKS PRIOR TO COURSE DATE.
The course cost includes all course documentation and Certificates.