Prosecution of product safety offences under the General Product Safety Regulations 2005
Prosecution of product safety offences under the General Product Safety Regulations 2005

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

  • Prosecution of product safety offences under the General Product Safety Regulations 2005
  • Time limit for bringing prosecutions under the General Product Safety Regulations 2005
  • Liability of persons other than the principal offender
  • Liability of company officers
  • Statutory defence of 'due diligence'
  • Penalties for offences under GPSR

Time limit for bringing prosecutions under the General Product Safety Regulations 2005

The General Product Safety Regulations 2005, SI 2005/1803 (GPSR 2005), require that any prosecution for an offence must be brought within three years from the commission of the offence (ie breach of the general safety requirement, etc) or 12 months from the discovery of the offence by the prosecutor, whichever is sooner.

For details of the offences which may be committed under the GPSR, see Practice Note: General Product Safety Regulations 2005.

Liability of persons other than the principal offender

Where a person (the principal offender) has committed an offence under the Regulations and this was due to the act or default of another person, proceedings may be brought against the other person whether or nor proceedings are also brought against the principal offender.

Liability of company officers

Where it can be shown that an offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, such persons (in addition to the body corporate) may also be proceeded against.