Graphic version of this page

img

image

Judith Constable

Email address: This email address is being protected from spambots. You need JavaScript enabled to view it.
Core Practice Area: Crime, Regulatory Crime
Call:  2012 (solicitor 2000)
Inn:
Grays Inn
Education: Exeter University

Membership: Western Circuit, United Kingdom Environmental Law Association

 

Judith has almost thirty years experience as a regulatory prosecutor, for the Environment Agency, Torbay Council (Unitary Authority) and Devon County Council. She prosecuted as agent for Cornwall Council, Forestry Commission and the Fire Service.

She has a thorough knowledge of environmental law and sentencing, having prosecuted and advised on a very wide range of regulatory offences for the Environment Agency since 2000, including:

Waste

  • breaches of environmental permists from very large landfill sites, to small waste transfer stations or end life vehicle sites
  • burning, burying and other unlawful disposal of waste
  • offences relating to exemptions
  • hazardous waste
  • fly tipping
  • notices

Water

  • Offences committed by water utility companies
  • farm pollution and compliance
  • pollution and/or permit breaches arising from holiday parks and other business sites
  • fish kills and other ecological harm
  •  

    In 2016, Judith was seconded to CPS and regularly prosecuted Magistrates' trial courts, dealing with the range of offences which included domestic violence, driving offences and theft. She is a Level 2 prosecutor.

    Before 2000, Judith worked for two Councils where she prosecuted a range of regulatory offences; she conducted trials and public inquiries. Her work included:
    Trading Standards: false or misleading descriptions, unroadworthy vehicles, animal health, product safety and consumer credit; Environmental Health, including Health and Safety; Planning including TPOs; Education; Fire Safety, Public Rights of Way.

    Judith's work is marked by its clarity and depth of understanding. She has dealt with highly technical and specialist areas, and is able to reduce them into clear and succinct advice and advocacy, both written and spoken. She has written influential advice for officers, managers and lawyers.

    Before joining chambers, Judith proved herself an effective and tenacious lawyer and advocate, having regularly conducted cases against Level 4 prosecutors, silks and specialist regulatory lawyers, almost all of which pleaded.

    She is patient and pragmatic and focused on what the client wants to achieve in a particular case. She has used a variety of sentencing tools to achieve long term compliance such as site remediation or permit variations.

    Throughout her career, Judith has looked for ways to improve performance and on occasions has instigated improvements to procedures and documents. Judith has provided training and guidance on all aspects of regulatory work to officers and lawyers; including disclosure, Sentencing Guidelines and use of expert evidence.

    Judith is willing to travel, and has been accustomed to appearing in courts all across the South West.

    Cases

    R v SWW Ltd – various cases involving water pollution and permit breaches in Plymouth, Truro and Exeter Crown Courts,and the District Judge in various Magistrates Courts (most recent 2017/2018) 

    R v WR - farm pollution, Exeter Crown Court (2017)

    R v TS - breach of permit at end of life car site, breach of subsequent Regualtion 44 order in the Magistrates Court (2017)

    R v Imerys Minerals Ltd - water pollution, led junior in Truro Crown Court in a case that involved substantial expert evidence (2017)

    R v Suez - permit breaches and odour arising from large landfill site - led junior in Truro Crown Court (2017)

    R v Trago Mills Ltd - various waste offences - Torbay Magistrates Court and Exeter Crown

    R v SB and others – led junior in the prosecution of ten defendants for offences involving waste and water offences and POCA