ACCESS TO FAIR TRIAL AND ABUSE OF PROCESS

Charges made against companies under the Transfrontier Shipment of Waste Regulations 2007 reg.23 for the illegal transport of waste were capable of being tried fairly for the purposes of common law and the European Convention on Human Rights 1950 art.7 even though guidance on acceptable levels of contamination was not available. The trial judge would be able to give sufficient directions about minimal levels of contamination to enable the jury to reach a fair decision.

[2011] EWCA Crim 3237