Local authority prosecutions

Local authority prosecutions guidance:

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak. In particular, the...

Practice Note

What are the Food Hygiene (England) Regulations 2013? The Food Hygiene (England) Regulations (FH(E)R 2013) 2013 revoke and re-enact with some changes the Food Safety and...

Practice Note

All criminal cases begin in the magistrates' court however serious the offence. There are a number of ways of commencing criminal proceedings in England and Wales: • the...

Practice Note

Applicable legislation and definitions The main piece of legislation relevant to food product recalls is the General Food Law Regulation (EC) No 178/2002. This EU...

Practice Note

The offence of contravening or failing to comply with the food hygiene requirements—Regulation 19(1) By Regulation 19(1) of the Food Safety and Hygiene (England)...

Practice Note

A local authority may use a variety of means to ensure businesses meet their responsibilities under the Food Safety Act 1990 (FSA 1990) and Codes of Practice including...

Practice Note

Legal requirements of an information There are a number of ways of commencing criminal proceedings in England and Wales: • charge at the police station following arrest...

Practice Note

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

Who enforces the food safety and hygiene regulations? Under the Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996, the nature of the food...

Practice Note

This Practice Note considers the law and practice in relation to food advertising to consumers, including: • Legislative framework • General considerations regarding food...

Practice Note

What is a remedial action notice? A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local authority, where there...

Practice Note

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

Rendering food injurious to health Every London borough council, district council or non-metropolitan county council is the 'food authority' for the purposes of enforcing...

Practice Note

What are hygiene improvement notices? Hygiene improvement notices are used by enforcement authorities such as the Food Standards Agency (FSA) or a local authority, to...

Practice Note

Enforcement of Part I of the Health and Safety at Work etc Act 1974 (HSWA 1974) is often achieved through the service of statutory Improvement Notices and Prohibition...

Practice Note

What are the Food Safety and Hygiene (England) Regulations 2013 The Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996 consolidate the...

Practice Note

When do local authorities investigate environmental offences? Environmental offences cover a broad range of crimes which affect the surroundings we live in. Local...

Practice Note

Any local authority is a creature of statute. Where a local authority acts beyond its powers, it will be acting ultra vires. The Local Government Act 1972 (LGA 1972)...

Practice Note

In England and Wales it is an offence for an adult to buy or attempt to buy tobacco or tobacco related products on behalf of an individual under 18 years old. This is...

Practice Note

Offence of the sale of aerosol paint to persons aged under 16 A person commits an offence if he sells an aerosol paint container to a person under the age of 16. An...

Practice Note

The offence of the sale of intoxicating substances and butane cigarette lighter refills to persons aged under 18 Section 1(1) of the Intoxicating Substances (Supply) Act...

Practice Note

In an attempt to curb the increase of children and young persons becoming addicted to nicotine, in England and Wales there are a number of difference offences relating to...

Practice Note

Enforcement under the Food Safety Act An authorised officer of an enforcement authority has a right, at a reasonable hour, to enter any premises within the authority's...

Practice Note

The Sentencing Council (SC) of England and Wales is empowered by section 120 of the Coroners and Justice Act 2009 (CJA 2009) to develop and produce guidance on sentencing...

Practice Note

This Practice Note reviews the parts of the Sentencing Council’s offence-specific guidelines which are used by the magistrates’ courts and Crown Courts in England and...

Practice Note

This Practice Note reviews the parts of the Sentencing Council’s offence-specific guidelines which are used by the magistrates’ courts and Crown Courts in England and...

Practice Note
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