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19 March 2009 / Claire Andrews
Issue: 7361 / Categories: Features , Procedure & practice
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Now for the next Act

Claire Andrews navigates the Regulatory Enforcement and Sanctions Act 2008

Consumer and food law, with its origins in weights and measures and food legislation dating from Magna Carta and beyond, has traditionally used punishment to deter breach of regulatory standards. In history, death, fines, flogging, the pillory, imprisonment and excommunication have featured variously as punishments for, and therefore deterrents against, certain offences of selling short weight or adulteration of food.

Limited powers

Today's powers to enforce consumer protection, food safety and hygiene laws are more limited. Personified by the modern-day weights and measures inspector—the trading standards officer—and his colleague the environmental health practitioner, local authority regulatory services have continued to enjoy powers which focus on punishment and deterrent through criminal sanctions. Prior to the Enterprise Act 2002 (and its predecessor, the Stop Now Orders (EC Directive) Regulations 2001), enforcement involved prosecuting off enders, cautioning them or taking informal or no action, and in some types of case, limited powers to prevent the off ending activity, including suspension or forfeiture.

The shift from

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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