Defra issued a call for evidence in 2015 prior to introducing Fixed Penalty Notices (FPNs) for those who have committed a fly-tipping offence. The responses to our call for evidence and further analysis when finalising the policy led to the maximum value of the FPN being set at £400.
In January 2019 we gave local authorities the power to issue a FPN to householders who fail in their duty of care. When consulting on this FPN, almost three-quarters of respondents felt that the proposed value (£200 default, maximum value of £400) was correct.
With regards to criminal prosecution for more serious fly-tipping offences, the punishment could be a fine of up to £50,000 or up to 12 months imprisonment or both when tried in a magistrates’ court. The offence can attract an unlimited fine or up to five years imprisonment or both if convicted in a Crown Court.
We committed in our manifesto to increase penalties for fly-tipping and will continue to work with magistrates, the Sentencing Council and the Judicial Office to ensure magistrates are aware of the prevalence and the significance of fly-tipping and its impact on local communities, with a view to securing tougher penalties.
The latest 2018/19 fly-tipping prosecution outcome figures showed that the value of total fines increased by 29% to £1,090,000 compared with 2017/18.