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  • Regulatory Offences

Regulatory Offences

We are living in a more greatly regulated society than ever before and failure to comply with regulations is now likely to result in prosecution which may lead to companies and individuals receiving substantial fines, and even those individuals being at risk of prison. Conducting a defence to such proceedings in the criminal courts requires not just a comprehensive knowledge of the relevant legislation but an understanding of the tactical considerations which on the one hand set these cases apart from general criminal defence work, and on the other, litigation within the civil courts.

It is crucial not just to ensure the best representation when a case has to go to Court, but to also protect you and your company’s position with effective representation from the outset of any investigation. Even should one consider their company or themselves have no blame, for what may be investigated, it is particularly crucial to ensure being legally represented at any interview by investigators.

The types of offences that this may include are those prosecuted by:

  • Trading Standards;
  • Environment Agency (“EA”);
  • Housing Officers;
  • Public health and food hygiene;
  • Department for Business Innovation and Skills (“BIS”);
  • Her Majesties Revenue & Customs (“HMRC”);
  • Office of fair Trading;

Examples of our recent cases include:

  • Acting for landlords and management agents in defence of prosecutions for breaches of the Housing Act 2004 in respect of homes in multiple occupation (“HMO’s”);
  • Representation of a lettings agent during the course of a trading standards investigation;
  • Acting for restaurant/takeaway for breaches of food hygiene regulations;
  • Acting for a beautician prosecuted by the British Dental Association for illegal teeth whitening;
  • Representation of waste management company being prosecuted by the EA;
  • Acting on behalf of an individual being prosecuted for offences under the Insolvency Act 1986 by BIS.

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