Criminal Liability in Regulatory Contexts Responses - Law ...

1.405 It also ignores the place that prosecution has in the regulatory tool kit and also
ignores the context in which offences may be committed. For example if minor
offences were de-criminalised and hence the stigma of a criminal conviction
removed, a person or business may consider that it would be more cost effective
to continue to offend albeit in a minor way and pay administrative penalties than
to change their conduct to avoid offending. This would then effectively become a
cost of doing business.
1.406 This proposal also ignores the fact that some offending such as the sale of
counterfeit goods can generate significant financial gain for the offender which we
would look to recover under the Proceeds of Crime Act 2002. If these types of
offending were caught in the above definition and de-criminalised then recovery
of these monies would no longer be possible. For example a market trader who
was convicted of selling items of counterfeit clothing received a sentence of 100
hours unpaid work in the community, yet in the associated proceedings under the
Proceeds of Crime Act 2002, was given a confiscation order in excess of
£600,000.
1.407 When considering whether to prosecute for offences there are already a number
of checks and balances employed by Local Authorities. For example they will
have regard to the Code for Crown Prosecutors and in particular the public
interest test. They will also have to have regard to their own published
Enforcement Policies. Also we are not aware of any evidence that Local
Authorities are misusing their ability to bring criminal proceedings for regulatory
offences.
1.408 Therefore for the reasons above, we would disagree with this proposal.
Residential Landlords Association
1.409 Fully endorse. There needs to be wholesale decriminalisation. The trend that we
have had to endure for decade, particularly in the last few decades, needs to be
reversed.
Trading Standards Institute (TSI)
1.410 The Trading Standards community feels that the majority of offences they deal
with do have an effect on local businesses and residents – not all of these are
likely to be considered as being “seriously reprehensible”. By way of example,
misleading pricing, although appearing minor in each complaint, can in some
cases lead to investigations of mass-scale fraud. Having an effective criminal
deterrent in this case will keep trade fair and transparent and keep within the
Government’s line of assisting businesses and stimulating the economy. TSI
feels, therefore that the current regulatory system, using criminal law to maintain
standards in trading is adequate and cost effective.
Trading Standards North West (TSNW)
1.411 TSNW do not disagree but recommend the need to define ‘seriously
reprehensible’ and whether that would include Trading Standards offences and if
so which offences e.g. one selling 200 DVD’s from home, another selling 200,000
DVD’s from home and not paying tax are neither or both ‘serious’?
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