Between 2006 and 2008 the Labour Government introduced two of the most potent and effective tools to help trading standards departments in the fight against crime: the Fraud Act 2006 and the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs). But equally important, the focus of a confiscation order is on the benefit obtained by the convicted defendant – not on the loss suffered by the consumer. To see what National Trading Standards have achieved in the last year download our NTS Infographic here. This is particularly important where there is more than one defendant (where it is necessary to determine if each element of benefit was obtained singly by one defendant or jointly by more than one) and where a limited company is involved (where it may be necessary to consider whether the corporate veil should be pierced or to differentiate between benefit obtained by the company and benefit obtained by a director or employee). Counsel are instructed from the very beginning of Trading Standards Prosecution cases so that advice can be given on all aspects of the case including investigation, evidence gathering, disclosure, restraint of assets, and search warrants right through to recovery of criminal property after conviction. Conducting a product recall—general consumer goods. Practice Note: Consumer protection from unfair trading explains the criminal offences contained in the CPUTR 2008, regs 8–12. The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal... How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). A builder whose shoddy work meant his customers lost around £100,000 has pleaded guilty to multiple charges of fraud following an investigation by Cornwall Council’s Trading Standards. A different approach is required in confiscation. Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. This is a criminal offence. That includes losses which the offender intended but failed, for one reason or another, to bring about. Remember, we offer an initial free consultation for all the Trading Standards cases brought to us. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law. Trading Standards Officers can: Produced in partnership with 25 Bedford Row, Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP, Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors, Produced in partnership with Louise Millington-Roberts, partner at Hill Dickinson, Produced in partnership with Alison Newstead, Marisa Pearce and Simon Castley of Shook, Hardy & Bacon, Produced in partnership with Kate Corby, John Leadley and Laura Pattison of Baker McKenzie, Advising individuals on serious criminal offences, Bribery, corruption, sanctions and export controls, Confiscation, civil recovery and asset forfeiture, Health and safety and corporate manslaughter offences, Insolvency offences and Companies Act offences, Pre-trial and case management hearings in the Crown Court, Competence and compellability of witnesses in criminal proceedings, Failing to surrender, absconding and breach of bail conditions, Corporate manslaughter—prosecutions tracker, Admissibility of hearsay evidence in criminal proceedings, Fraud by false representation—sentence tracker, Business Protection from Misleading Marketing Regulations 2008, Product safety notification and corrective actions, Sale of intoxicating substances and lighter refills to persons aged under 18, Proxy purchasing of tobacco and nicotine products, Sale of aerosol paint to persons aged under 16, Sale of tobacco and nicotine inhaling products to a person under the age of 18. James Lake, Prosecuting Counsel for West Yorkshire Trading Standards (WYTS) and Derek Hallam of Henry Hyams Solicitors secure the longest sentence known for a WYTS case of this nature.. Case Details. The essence of trading standards work is the protection of consumers. It should not be overlooked that the principal objective of confiscation is to deprive a wrongdoer of the financial benefit obtained by him from his criminal conduct. Trading Standards officers are employed with the remit of investigating complaints and ensuring that the law is properly applied. A range of criminal provisions are set out in the relevant Acts, and other offences such as those under the Fraud Act 2006 may also be applied. This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains: This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere, This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). National Trading Standards has teams overseeing a range of issues, from copycat websites to doorstep crime. The following Corporate Crime news provides comprehensive and up to date legal information on Proposed corporate liability reform creates ‘complications’, government adviser says, The following Corporate Crime news provides comprehensive and up to date legal information on SFO Unaoil probe a success despite exacting a heavy toll, The following Corporate Crime news provides comprehensive and up to date legal information on Corporate Crime weekly highlights—4 March 2021. They advise and can enforce laws that govern the way we buy, sell, rent and hire goods and services. Unfortunately Trading Standards have … A witness is said to be competent if they... BackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct protection, actually arises from a number... What is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. Tower Hamlets summary of the case can be found here. The National Trading Standards Work Areas. Trading standards officers these days deal with a wide range of offences. Trading standards are in place to protect the consumer. Getting the Deal Through: Trade & Customs 2021, Getting the Deal Through: Advertising & Marketing 2020, Enforcement of consumer protection laws under the Consumer Rights Act 2015, International Sales(Includes Middle East), Protecting human rights: Our Modern Slavery Act Statement. Trading Standards may also not be able to identify them to investigate any suspected criminal offences. Infringement of trade marks and copyrights can be criminal offences, as well as being actionable in civil law. Do these responsibilities change if the distributor is the importer of goods into the EEA and/or selling the goods under their own label? The most commonly used Acts of Parliament in Trading Standards cases are: - the Consumer Protection Act 1987, Have the maximum financial penalties for offences under the General Product Safety Regulations 2005 increased following the extension of the Magistrates sentencing power under Legal Aid, Sentencing and Punishment Offenders Act 2012? What does IP completion day mean for consumer protection? Prosecutions for Trading Standards cases are common in the Magistrates’ Court with criminal penalties including unlimited fines and or prison sentences. The essence of trading standards work is the protection of consumers. Call us on 0800 652 5559 or complete our online enquiry form and a member of the team will call you back as soon as possible. The Consumer Protection from Unfair Trading Regulations (2008)(CPR) The overall objective of the CPRs is to prohibit businesses from engaging in unfair commercial practices with consumers and renders a breach of the regulations a criminal offence. … This Practice Note covers the criminal offences contained in the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), regs 8–12.