Trading Standards & consumer protection

Trading Standards investigations and prosecutions can have serious consequences for businesses and individuals. Offences under consumer protection, weights and measures, food safety, and licensing legislation carry criminal penalties and can result in prohibition from trading.

Matters covered

I advise and represent individuals and businesses facing:

  • Trading Standards investigations and prosecutions
  • Consumer Protection from Unfair Trading Regulations 2008
  • Business Protection from Misleading Marketing Regulations 2008
  • Weights and measures offences
  • Food safety and labelling offences
  • Proceeds of crime investigations arising from trading offences
  • Licensing hearings and appeals
  • Product safety and recall obligations

Investigation stage

Trading Standards investigations often involve a period of covert monitoring before any approach is made to the business. Where you become aware of an investigation — whether through a direct approach, correspondence, or a search warrant — I will advise you on how to respond and what steps to take to protect your position.

Confiscation

Trading Standards prosecutions frequently involve proceeds of crime applications following conviction. I will advise on confiscation proceedings and, where assets are at risk, take steps to protect legitimate interests at the earliest opportunity.

Frequently asked questions

Trading Standards officers have statutory powers to enter business premises without a warrant for the purpose of ascertaining whether offences are being committed. However, these powers are subject to conditions and limitations. I can advise on whether any entry or search was lawful.
Penalties vary depending on the legislation under which the prosecution is brought. Offences under the Consumer Protection from Unfair Trading Regulations carry a maximum of two years imprisonment and an unlimited fine.
A formal caution is an admission of guilt and will appear on your criminal record. It may affect professional licences and future regulatory proceedings. You should seek legal advice before accepting any caution.