Trading Standards

Defending Trading Standards
allegations in both the
Criminal & County Court

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Trading Standards Offences

As a business owner or employee, being investigated by the Local Authority and Trading Standards can be a very daunting proposition. Suddenly you can find yourself being questioned about unsatisfied customers, building regulation compliance, refunds, complaints procedures, advertising and marketing etc.

Trading Standards allegations can also be a very specialist area of law. At JTS we have a team of Solicitors and Barristers with significant experience defending Trading Standards cases in both the Criminal and County Courts.

Interview under caution

Councils and Trading Standards Investigators can invite you in for interview under caution where you are not entitled to a free Solicitor as you would be in the police station. You can be asked very complex questions about the running and conduct of your business without any prior knowledge or time to prepare.

At JTS we can liaise with the authorities on your behalf. We can obtain detailed disclosure in order that you can properly prepare for their questions and the interview. We will also seek to avoid an interview under caution if at all possible.

Magistrates’ Court Prosecution

Prosecutions for Trading Standards cases are common in the Magistrates’ Court with criminal penalties including unlimited fines and or prison sentences. The Court can also make substantial financial orders under the Proceeds of Crime Act which also affects your business and personal assets.

At JTS Solicitors we are experienced in defending such cases on behalf of our Clients. We can also seek to negotiate an out of Court settlement and limit any potential fines.

Crown Court Proceedings

Often Trading Standards cases can be considered so complex that they must be dealt with in the Crown Court. In such cases there may be a significant risk of receiving a prison sentence.

Often Trading Standards cases can be considered so complex that they must be dealt with in the Crown Court. In such cases there may be a significant risk of receiving a prison sentence.

Proceeds of Crime Applications (POCA)

If you are found guilty of Trading Standards offence the prosecuting authority will likely apply for an order under the Proceeds of Crime Act. This can result in the loss of the business as well as personal assets.

At JTS we are experienced in contesting such applications to protect our Clients’ financial interests.

County Court Proceedings

Prosecuting authorities can also bring civil prosecutions for breach of injunctions and contempt of Court. At JTS we are experienced in defending these applications and avoiding the possible prison sentence and unlimited fines that can result.

How will my case be funded?

We may be able to apply for legal aid funding for your case. Even if you are not eligible then we can represent you for an agreed fee in order to prevent spiralling costs and all or part of your fee may be recoverable from the Court if you win your case.

Notable Cases

R v HY – Minshull Street Crown Court

Mr Street has recently represented an international businessman accused of major trading standards breaches. Even with a guilty plea, Trading Standards were initially seeking to recover over one million pounds under the Proceeds of Crime Act. After negotiation, this was reduced to just a few thousand pounds.

Cleveland Council v SE – Interview under caution

JTS successfully persuaded Cleveland council to take no further action against a client who had a number of ‘fully loaded’ android TV boxes seized.

Salford Council v SP – Manchester Crown & County Court

JTS successfully persuaded Judges in both Courts not to impose a custodial sentence to a business owner that had been accused of threatening customers.

Contact Us

If you would like to discuss your case with us please call our 24 hours advice line on 0800 002 9705 or email us at