Trading Standards prosecution and enforcement sanctions policy

We will consider the following factors when deciding whether or not to institute proceedings as they may mitigate the need to bring a prosecution or an application for an enforcement order:

• a conviction is likely to result in a nominal penalty
• the offence resulted from a genuine mistake or misunderstanding
• the seriousness and the consequences of the offence(s) can be adequately dealt with by an alternative enforcement sanction which the offender accepts and with which he or she complies
• the loss or harm can be described as minor and was the result of a single incident rather than a commercial practice
• there has been a long delay between the offence taking place and the date of the trial, unless:
  • the offence is serious
  • the delay is caused wholly or in part by the offender
  • the offence has only recently come to light; or
  • the complexity of the offence has meant that there has been a long investigation
• the prosecution or enforcement order proceedings is likely to have a detrimental effect on the victims physical or mental welfare
• the offender is elderly or a minor, or was, at the time of the offence, suffering significant mental or physical ill health
• the offender has put right the loss or harm caused (although prosecution or an enforcement sanctions will not be avoided solely because the victim has been compensated)
• the views of a relevant “Primary” or “Home “ Authority, i.e. another Trading Standards Service maintaining a relationship with the suspect
• the explanation offered by the offender
• the willingness and or actions of the offender to prevent a recurrence of the noncompliance