Banned practices under the CPUTR 2008, Sch 1, paras 12–31
Banned practices under the CPUTR 2008, Sch 1, paras 12–31

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

  • Banned practices under the CPUTR 2008, Sch 1, paras 12–31
  • Banned practices which are criminalised under CPUTR 2008, reg 12, Sch 1

Banned practices which are criminalised under CPUTR 2008, reg 12, Sch 1

For the offences which are set out in the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) SI 2008/1277, reg 12, Sch 1, paras 1–10, see Banned practices

The majority of 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. The offence under paragraph 18 is an exception.

The Competition and Markets Authority has published its Consumer protection from unfair trading guidance (the Guidance) which provides practitioners with useful examples of activities which could be caught by practices listed in Schedule 1, paragraphs 12–31.

Making a materially inaccurate claim concerning the nature and extent of the risk to the personal security of the consumer or his family if the consumer does not purchase the product—para 12

The claim must be in relation to 'personal security'. This is not a term that is defined in CPUTR 2008 but is likely to be confined to claims concerning personal safety in a criminal context, eg protection from offences against the person, rather than meaning to include any risk of personal injury. The Guidance provides the following example:

'A trader selling video door