Criminal Liability in Regulatory Contexts Responses - Law ...

Food Standards Agency
1.650 Agree in principle but foresee difficulties in persuading police/CPS to act if
adopted. FSA experience has shown that not always easy to get police to
investigate fraud cases involving food. Fraud covers many different activities that
would still have to be dealt with by specific food legislation (eg operating
premises without approval). May be appropriate to try some cases under Fraud
act but because so wide-ranging, risk that such action might be seen as
disproportionate and action under more specific food or feed legislation would be
better.
Institute of Chartered Accountants of England and Wales (ICAEW)
1.651 We agree with these two proposals, which deal with two specific areas of
pointless overlap between offences. However, there should also be a general
duty on the drafters of legislation, and Parliament itself, to avoid and remove any
other areas of pointless overlap. Besides the unnecessary complexity introduced
by such separately drafted provisions, they also inevitably tend to result in
unintended consequences, inconsistent outcomes and penalties and doubtful
justice, as noted in a number of instances in the consultation document.
1.652 This should also apply to the inappropriate placement of offences, identified in
paragraphs 3.129 to 3.135 of the Consultation Document.
1.653 However, please see our comment in paragraph 6 above, on the desirability of
criminal offences to back up and reinforce regulatory provisions. This could be
done, perhaps, by specifically providing in Statute that certain offences
committed in a regulatory or business context should be treated in accordance
with the provisions of the Fraud Act.
North East Trading Standards Association (NETSA)
1.654 In a regulatory context such as Trading Standards, many offences deal with
matters which may be considered to fall under the umbrella of constituting fraud
against consumers. Matters falling within the scope of the Consumer Protection
from Unfair Trading Regulations 2008, (CPR’s), Trade Marks Act 1994 for
example. These examples of legislation provide business with a detailed
structure of proscribed matters when conducting a business.
1.655 To replace such regulatory measures with the more general offences under fraud
may result in greater uncertainty for business. Detailed guidance would need to
be provided to cover a variety of circumstances and differing trade sectors.
1.656 Additional considerations would need to be given to the mens rea element as
opposed to strict liability offences under certain statutes and a current absence of
enforcement powers available to Local Authority officers.
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