The Agency appealed dismissal of charges brought by it alleging breach of conditions of their pollution prevention and control permit. The condition referred the standard of odour emitted by reference to a perception by an Agency officer. The defendants claimed this condition was invalid as subjective.
Held: The Agency’s appeal succeeded. The condition did not offend against the requirement for clarity in the criminal law. Thought the court started with the officers evidence, it would evaluate all the circumstances in the usual way. The case was remitted.
newman J, Stanlet Burnton J
 EWHC 1102 (Admin), Times 20-Dec-2006
England and Wales
Updated: 06 July 2022; Ref: scu.242193