Banned practices
Banned practices

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Banned practices
  • Banned practices which are criminal offences
  • Elements of the offence of banned practices
  • The banned practices under CPUTR 2008, Sch 1

Banned practices which are criminal offences

Engaging in a commercial practice that is always unfair is made an offence by Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, reg 12 and Sch 1. CPUTR 2008, Sch 1 lists 31 commercial practices which are prohibited and which are automatically considered to be unfair under reg 3(4)(d). The main difference between banned practices and other CPUTR 2008 unfair commercial practices is that there is no need to consider the likely effect on consumers. All of the commercial practice listed in Sch 1 are considered to be unfair. However, regs 11 (adverts as news) and 28 (children's advertising) are excluded from criminal sanction.

Elements of the offence of banned practices

Most of the offences created by Sch 1 are strict liability where no mental element of the offence is required but where the prosecution will have to prove each element of the offence to the criminal standard of beyond reasonable doubt. Each offence will need to be considered separately to determine its individual elements.

The banned practices under CPUTR 2008, Sch 1

Claiming to be a signatory to a code of conduct when the trader is not—para 1

'Code of conduct' means an agreement or set of rules (which is not imposed by legal or administrative requirements)