Criminal Liability in Regulatory Contexts Responses - Law ...

Local Government Regulation (LGR)
1.978 We believe that in relation to most legislation enforced by Trading Standards
Services that this is already the case that there already exists the clarity and
consistency that is suggested by this proposal. This is largely due to the role that
LG Regulation currently plays in the formulation and dissemination of advice to
Trading Standards Services as well as by means of the current statutory defence
of all reasonable precautions and all due diligence to avoid the commission of the
offence. We can also evidence nothing to suggest that at present Local
Authorities are acting inconsistently.
1.979 However we consider that any additional measures that would aid such clarity
and consistency as well better communication generally and specifically when
drafting legislation between central government departments and other agencies
would be welcome and accordingly we would agree with this proposal. We would
also wish to ensure that the practical implications of the application of fault
elements are fully understood when drafting or amending legislation to ensure
that regulatory outcomes can be achieved in practice.
Association of Chief Trading Standards Officers (ACTSO)
1.980 Support initiatives to ensure consistency and clarity but wish to ensure the
practical implications of application of fault elements are fully understood when
drafting or amending legislation to ensure that regulatory outcomes can be
achieved in practice.
Trading Standards South East Ltd
1.981 TSSE has already indicated in its answer to proposal 10 that the correct
methodology for dealing with ‘proportionate fault’ is by means of the current
statutory defence of all reasonable precautions and all due diligence to avoid the
commission of the offence. If the prosecution is of the opinion that the defence is
met, no prosecution will follow. TSSE does acknowledge, however, that clear
lines of communications between central government departments and other
agencies are always desirable.
The Magistrates’ Association
1.982 Proposal doesn’t mention harm or potential harm and it should.
Care Quality Commission (CQC)
1.983 Greater clarity is needed in relation to proportionate fault elements but CQC sees
a need in relation to the difficulty in holding complex organisations to account for
even serious unnecessary harm to people.
The Faculty of Advocates
1.984 The adoption of a coherent, principled position about how offences ought to be
structured is at least highly desirable – not least to make it easier for practitioners
and judges to handle the offences appropriately and consistently – and that
would inevitably require some centralisation. We emphasise the importance of
dealing with the Scots law dimension in an integrated way and suggest that the
department of the Advocate General might appropriately share the task with the
MoJ.
187