Trading Standards Offences
Although there is a National Trading Standards Authority, investigations and prosecutions are led by local Trading Standards offices. Depending upon the facts of the case, there are a vast number of offences. Some of the most commonly charged are set out below:-
- Offences contrary to the Consumer Protection from Unfair Trading Regulations 2008, including:-
- Knowingly or recklessly breaching the requirements of ‘professional diligence,’ in using a practice which therefore materially distorts (or is likely to distort) the ‘behaviour of the average consumer;’
- Utilising aggressive commercial practices;
- Employing misleading actions or omissions.
- Conspiracy to Defraud (where two or more people agree to deceive one or more other persons, intending to deprive them of something (e.g. money) and take the benefit for themselves;
- Offences under the Forgery and Counterfeiting Act 1981, covering a diverse variety of false items, from identity documents to coins and notes and even share certificates;
- Offences set out in the Trade Marks Act 1992, such as the false application or use of trade marks (e.g. on ‘fake’ goods)
- Offences specified in Regulation 5 of the General Product Safety Regulations 2005, aimed at producers and distributors respectively:-
- Place any product on the market unless it is safe, not must they offer to do so;
- Supply a product unless the product is a safe product, or offer to supply it
- Supply/possess in order to supply/offer or agree to supply a product that he knows is a dangerous product.
Distributors can also be caught out if it can be shown that according to their status as a professional, and in accordance with information they possessed at the time, they ought to have presumed that the product was dangerous.
For a detailed application of the law to your case, and bespoke advice, please speak to our Regulatory team on 0113 284 5000. Matters are always dealt with in the strictest confidence and we are happy to deal with matters across the country.