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Under the Trade Description Act 1968 is there a time limit when relying on mistake as a defence?
Published on: 03 May 2017
Scope of TDA 1968
A breach of Trade Description Act 1968 (TDA 1968) does not confer a civil right of action on any person affected by it—see commentary in: Trade descriptions and civil rights of action: Halsbury’s Laws of England [457]
It is the duty of every local weights and measures authority to enforce the provisions of TDA 1968 and any order made under it. See commentaries: Enforcing authorities and authorised officers: Halsbury’s Laws of England [454] and Local weights and measures authorities: Halsbury’s Laws of England [743].
The time limit for a local weights and measures authority to bring a criminal prosecution under TDA 1968 is three years from the commission of the offence or one year from its discovery by the prosecutor, whichever is the earlier. See commentary: Time limit for prosecutions: Halsbury’s Laws of England [455]. There is a defence available where the commission of an offence was due to a mistake or to reliance on information supplied, or to the act or
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Mistake definition
What does Mistake mean?
A mistake of fact, though not generally a mistake of law, can afford a defence to a criminal charge and need not be reasonable unless the offence is one of negligence.
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