Criminal Liability in Regulatory Contexts Responses - Law ...

The Magistrates’ Association
1.106 Concerned that if many regulatory offences are decriminalised, larger companies
may not pay heed to being penalised again and again. Criminal sanction and
court process can be strong deterrent to companies particularly with the internet
(in the public arena forever). Regulatory penalties would be largely hidden from
public view and concerned that size of penalties will not be large enough to
provide deterrent to large companies.
1.107 Want to highlight the responsibility of prosecution to assist the courts in
sentencing by drawing attention to appropriate guidelines and guidance.
Local Better Regulation Office (LBRO)
1.108 Support initiatives and politics that promote consumer confidence, tackle rogue
trading activities and drive economic prosperity. The RES Act includes provisions
to implement civil sanctioning powers providing a more flexible and appropriate
toolkit to deal with non-compliance and regulatory requirements. LBRO has
responsibility under RES Act to advice ministers on suitability of local authority
regulators to have access to these powers in relation to areas of regulation that
they have responsibility for enforcing. Working closely with government
departments and national regulators looking to implement new civil sanctioning
powers because we recognise they offer the potential for a more proportionate
and flexible approach.
1.109 Keen to see a coordinated approach to the process by which local authority
regulators might be granted the civil sanctioning powers and also to the
development of guidance fit for purpose across jurisdictional areas. Keen to try to
develop guidance agreed by all government departments and national regulators
for use by local authority regulators to ensure consistency for business.
1.110 Important that the business perspective is considered here. LBRO works closely
with businesses and representatives to improve the accountability of local
authority regulation, helping create effective conditions for proportionate
regulation. Keen to establish a clear method of capturing this business
perspective in an objective format so that it is possible to measure effectively the
impact of any changes in approaches to regulation, including the introduction of
civil sanctioning powers.
1.111 LRBO works closely with OFT and number of local authorities within BIS Civil
Sanctions Pilot to provide necessary support and guidance that they will need in
order to use new powers effectively. Key to this will be developing agreed
approach towards the identification of those instances in which restoration might
be a suitable element and towards the calculation of such restoration. Work with
businesses and business representative groups to ensure we take on board their
perspective in developing agreed approach. Work complements the revision of
the law of misrepresentation (look forward to working with Law Commission).
1.112 Important to capture data relating to number and type of enforcement actions
taken as regulatory changes are introduced. Will enable an accurate measure as
to how often and how consistently any new powers are used. LBRO is working to
establish conditions for creation of an enforcement actions database, via which
regulators can share information and from which enforcement statistics can be
drawn.
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