Criminal Liability in Regulatory Contexts Responses - Law ...

1.484 The difficulty with this proposal is that is again ignores the place that prosecution
has in the regulatory tool kit. It fails to understand the context in which offences
may be committed. It would also remove the deterrent effect of a potential
criminal conviction. For example a haulier who regularly allows his HGV’s to be
overloaded would on the criteria suggested no longer face criminal prosecution.
Yet taking strong enforcement action against those who would either overload or
permit overloading of HGV’s would, by most, be seen as an important road safety
issue warranting the stigma of a criminal conviction.
1.485 As stated above, there are frequently wider societal benefits to pursuing a
criminal prosecution for infringements of what might otherwise appear to be
technical requirements. LG Regulation believes that this proposal would
significantly undermine the consumer protection regime in place in the UK at a
time when the Government has stated the importance of an effective regulatory
network to the economy and is considering the role of local Trading Standards
services in particular.
1.486 We consider that for some types of offenders, criminal sanctions carrying the
possibility of custodial sentences remain the only true deterrent to address the
wrongdoing. Persistent offenders and those causing considerable detriment to
the interests of consumers by means of widespread scams, calculated and
targeted actions aimed against consumers may not be unduly concerned by the
threat of a civil sanction. Criminals engaged in doorstep crime activity specifically
targeting old or vulnerable consumers will not be adequately dealt with solely by
means of a civil sanctions regime. It is unlikely that such offenders would be
adversely affected by or brought into compliance by means of a monetary penalty
or restorative payment in favour of consumers. This would leave the regulatory
body having to pursue civil debts, possibly against a person with little prospect of
obtaining payment if they can in fact be identified and located. Introducing
sanctions for these types of criminal activity into the criminal justice system
provides a more robust mechanism for identifying and making persons
accountable for their actions. In appropriate cases actions resulting in loss of
liberty may be the only credible deterrent.
1.487 There are also issues that would arise with enforcement powers of investigation
and forfeiture of assets gained from crime if the criminal penalty was removed.
Such proposals may also affect the ability to conduct surveillance under
Regulation of Investigatory Powers legislation.
MOJ
1.488 Does not propose to restrict criminal offences to behaviour that merits
imprisonment or an unlimited fine.
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