Q&As

When determining the ‘date of discovery by the prosecutor’ of an offence under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277, how is a prosecutor to determine what that date is? Is it the date when Council staff first became aware of the complaint, the date when a Trading Standards investigator considered an offence may have been committed or when the Council’s legal team concluded that the is evidence an offence has been committed?

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Published on LexisPSL on 02/07/2020

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • When determining the ‘date of discovery by the prosecutor’ of an offence under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277, how is a prosecutor to determine what that date is? Is it the date when Council staff first became aware of the complaint, the date when a Trading Standards investigator considered an offence may have been committed or when the Council’s legal team concluded that the is evidence an offence has been committed?

When determining the ‘date of discovery by the prosecutor’ of an offence under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277, how is a prosecutor to determine what that date is? Is it the date when Council staff first became aware of the complaint, the date when a Trading Standards investigator considered an offence may have been committed or when the Council’s legal team concluded that the is evidence an offence has been committed?

For the purpose of this Q&A, we have assumed that this refers to an offence under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277.

The Magistrates’ Courts Act 1980 (MCA 1980) imposes a time limit of six months for commencing criminal proceedings which can only be heard in the magistrates’ court. This time limit, imposed by MCA 1980, s 127, applies unless an alternative limitation period is expressly provided by another piece of legislation. Some legislation enable the prosecution of specific summary only offences to be started within a longer period of time from the date of the commission of the offence and some allow for prosecutions to be commenced within a time period from when the prosecutor discovered that the offence had been committed or from the date on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to the prosecutor’s

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