Criminal Liability in Regulatory Contexts Responses - Law ...

1.573 FSA currently consulting publically on proposal to extend the use of Remedial
Action Notices to all food business establishments. Currently enforcement
officers can use notices only in establishments approached under EC Regulation
853/2004. Extension to all would allow officers tackle non-compliance in
circumstances where imminent risk to public health would be difficult to
demonstrate but immediate action is necessary o regain compliance and reduce
or delay. Notices provide simple and effective sanction that can be applied and
removed without need for enforcing authority or food business operator to attend
court.
1.574 Can be ‘strategic’ use to securing conviction as means to protect consumers
where a low fine is less important. Very rare, but important option for enforcement
community.
1.575 Infer that the Commission would expect the stock of legislation to be assessed.
Suggest it would make sense to do this in the review.
Association of Chief Trading Standards Officers (ACTSO)
1.576 Frequently wider societal benefits to pursuing criminal prosecution of what
otherwise appear to be technical requirements. Proposal would significantly
undermine consumer protection in the UK at a time when Gov has stated the
importance of effective Trading Standards Services to economy and is intending
to increase the role of local Trading Standards Services. Commission should
consider impact of de-criminalisation of legislation on ability of Trading Standards
Services to function within law enforcement community. Information exchange
and gathering for investigating breaches of legislation frequently relies on
gateways which exist for purpose of investigation or detection of crime or similar.
De-criminalisation some legislation may make investigation of that breach harder,
resulting in breaches remaining unaddressed. Effect on consumer confidence is
hard to determine but unlikely to be positive.
1.577 Unlikely that civil sanctions alone would provide sufficient incentive for large
businesses to prioritise compliance with regulatory law. This coupled with
difficulty and cost of pursuing civil claims could result in breaches of consumer
protection legislation remaining unaddressed.
1.578 Important to note that some “regulatory” offences (eg Consumer Protection from
Unfair Trading Regs 2008) apply to a wide range of issues including aggressive
sales techniques targeted at vulnerable consumers. Apparently technical
offences such as requirement to issue a notice of cancellation rights under the
Cancellation of Contracts Concluded at a Consumer’s Home or Place of Work
Regs often are effective at preventing more serious harm, such as doorstep
crime. ACTSO asks to be involved in further consideration of what offences
should be de-criminalised so that the implications can be fully understood.
1.579 Agree.
Justices’ Clerks’ Society
Leicester City Council
1.580 Agreed providing there remains a route for non-compliance with any proposed
alternative to a criminal offence.
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