Criminal Liability in Regulatory Contexts Responses - Law ...

1.947 We are aware that in IPPC regulation there is an offence for failure to provide
information on a regular basis such as monitoring results for flue gas emissions.
This requirement would be laid out within the permit for industrial premises and is
an important part of the regulator being assured that the process is not polluting
the environment. Should that information not be forthcoming then the recourse is
to criminal prosecution for non compliance of the permit. This serves as a useful
staged process and although not widely used in practice, is nonetheless has an
important deterrent effect.
1.948 Under Animal Health legislation if an element of Mens Rea were introduced into
the simple provision of information, this could have significant implications for
enforcement agencies for example in the event of a disease outbreak. Arguably it
is the prospect of criminal proceedings that ensures that the required information
is kept diligently and is made readily available to enforcement agencies.
1.949 The proposal seems however to suggest that the effect of failing to provide
information is an administrative error and will not result in harm; accordingly any
breach should not result in criminal sanction. If Parliament has intended that
where information is to be provided, it is done so for a reason. The failure to
provide that information at all, or in consistent ways, can have catastrophic
effects. The failure to properly label a food product as containing nuts could lead
to a potential fatal anaphylactic shock in a nut allergy sufferer. The failure to
label a toy with appropriate age or safety warnings could lead to severe, or
potentially fatal, injuries to a child. Or for information consumers are required to
be given in relation to consumer credit agreements so that they can understand
their obligations and the cost of the credit. The use of the criminal offences under
the Consumer Credit Act 1974 is an important tool in tackling illegal money
lending (‘loan sharks’). In this instance, the offending by the loan shark is often
widespread and causes significant harm to individuals and the local community.
Removing the criminal sanctions may undermine efforts to tackle loan sharks. Or
perhaps more pointedly the provision of information relating to the content of food
and the risks for allergy sufferers
Residential Landlords Association
1.950 We very much agree with this. Indeed, we argued for this in respect of the
information offence which was created under the Housing Act 2004 in relation to
HMO licensing. This is particularly important for larger organisations where
information may be spread amongst various individuals/departments.
Trading Standards North West (TSNW)
1.951 We agree that individuals should not be criminalised for a form filling error, but
what about clocking for a car or not providing cancellation rights to an elderly and
vulnerable person purchasing services in the home. Both of these could be
classed as ‘form filling frauds’? A change to this would alter the criminal
landscape. A reasonable precautions and due diligence defence falls away where
there is knowledge. Where a TSO is given false information this could be
knowingly or recklessly. Also we have obstruction charges which can be used for
giving false information during an interview.
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