The Law Commission has proposed a cut in the number of criminal offences for regulatory breaches.
In a consultation published today, the commission said using civil penalties for technical breaches of farming, food safety, banking and retail laws would save the criminal justice system £11m a year and reduce the costs to regulators.
It is disproportionate for regulators to rely wholly on the criminal law to punish and deter activities that are merely ‘risky’, it added, recommending that criminal sanctions should only be used to tackle serious wrongdoing.
In its paper, Criminal Liability in Regulatory Contexts, the commission proposes that regulatory authorities should make more use of cost-effective, efficient and fairer civil measures to govern standards of behaviour; the establishment of a set of common standards to assess levels of wrongdoing; and that existing low-level offences be repealed where civil penalties could be as effective.
It suggests that where criminal offences are created in a regulatory context they should require proof of fault elements such as intention, knowledge or a failure to take steps to avoid harm being done.
The paper says business and individuals should generally not be penalised by the criminal law if they have made real efforts to comply with laws.
The commissioner leading the project Jeremy Horder said: ‘Relying on the criminal law to deter and punish risky behaviour in regulatory contexts may be an expensive, uncertain and ineffective strategy.
‘Civil penalties are quicker and cheaper to enforce but they are not a soft option. People who breach regulations will often discover that civil fines can be higher than the penalties imposed by the courts.
‘The commission believes that a principled criminal law should be used by regulators to target only the most serious cases of unacceptable risk-taking.’
Welcoming the consultation, president of the Law Society Linda Lee said: ‘In recent years, the UK criminal justice system has been subject to a constant barrage of new legislation and offences. Those dealing with criminal cases day in and day out, including our police force, are overwhelmed and overstretched by a constantly changing criminal code. This expansion of criminal law in recent years has criminalised an increased proportion of the population and further disrupted the balance between the power of the state and the freedom of the individual. ‘In most cases, a civil penalty may be more easily enforced and act as a better deterrent than using the full force of a prosecution for a criminal offence. ‘High level breaches of criminal law must still be prosecuted and defendants should always have the right to a fair trial. The Law Society looks forward to working closely with the Law Commission to ensure that any suggested reforms are in the best interests of the community.’
The consultation runs until 25 November 2010. The paper is available on the consultations page of the Law Commission website.
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