Trading Standards Officers exercise such powers as the right to enter premises to inspect and to secure or seize material that might be required by way of evidence in any subsequent court proceedings.
Most of these powers are granted by the Consumer Rights Act 2015 (‘the Act’) which is now considered by Suki Randhawa of Kangs Solicitors.
Kangs Solicitors regularly advises business and individual clients in relation to offences investigated by Trading Standards Officers.
We are recognised by the leading Law Directories, the Legal 500 and Chambers & Partners, for our work in relation to these offences.
Our regulatory law work involves defending cases brought by the Health & Safety Executive, the Environmental Agency, Trading Standards, the Insolvency Service and the Department for Business Energy and Industry Strategy covering areas such as corporate manslaughter, fire safety, waste management and waste disposal and company director disqualification.
We appreciate that any client facing an investigation by the Trading Standards Authority requires immediate specialist legal advice and assistance.
For an initial no obligation consultation, please contact our team at any of our offices detailed below:
The Law | Kangs Trading Standards Solicitors
Schedule 5 Part 23 of the Act outlines the power of Officers to enter premises at any reasonable time but which precludes entry to premises used wholly or mainly as a dwelling.
In the case of a routine inspection, powers of entry may only be exercised following Notice of Inspection been given to the occupier of the premises at least two days prior and in writing.
Such Notice is not necessary if:
- such right to prior service has been waived,
- the Officer believes, or has reasonable suspicion to believe, that the law has been breached,
- the service of prior Notice would defeat the purpose of the entry,
- it is not reasonably practicable in the circumstances to give Notice, in particular because the Officer reasonably suspects that there is an imminent risk to public health or safety or
- the Officer is acting as a market surveillance authority under European safety legislation.
Method of Prosecution | Kangs Trading Standards Defence Solicitors
Any alleged breaches of the Act and all other trading standards legislation will be prosecuted as a criminal offence before either a Magistrates’ Court or a Crown Court.
Punishment Following Conviction | Kangs Criminal Defence Team
The potential consequences of conviction include:
- a financial penalty for minor offences,
- custodial sentences in the most serious of cases,
- Orders for financial compensation for victims,
- the Trading Standards Authority almost certainly seek payment of a substantial amountto cover investigation and Court costs,
- a Criminal Behaviour Order being imposed, for example, prohibiting any future contact with consumers.
- in cases involving conduct by a company, a Director Disqualification Order
- a Confiscation Order under the Proceeds of Crime Act 2002 seizing any available assets and money,
- forfeiture of any illegal or infringing goods and any equipment used in committing the offence.
How to Contact Us | Kangs Criminal Defence Solicitors
Hamraj Kang leads an award winning team of Solicitors nationally reputed for its excellence in regulatory work.
We welcome enquiries by telephone or email.
A member of our team is available to meet at our offices in London, Birmingham or Manchester or, alternatively, we are happy to arrange an initial no obligation meeting via telephone or video conferencing.
For initial enquiries please contact: