A Trading Standards investigation is conducted to ensure that a business is complying with consumer protection laws and regulations. The exact process of these investigations varies according to the specifics of the case, but several steps are typically involved every time:

• Reason for the investigation: There are several reasons that an investigation may begin. It may start with a complaint from a consumer or a tip-off from another source. Trading Standards officers may also proactively monitor markets and businesses for potential violations. 
• Gathering evidence: If the situation warrants investigation, Trading Standards officers will start to gather evidence. This may involve interviewing witnesses, collecting documents, and conducting surveillance if necessary. Officers may also interview the business owner or employees to obtain their side of the story and request documentation related to any alleged violations.
• Inspection: In some cases, officers may conduct on-site inspections of the business premises to assess compliance with specific regulations. This can include checking product labelling, pricing, and safety standards. It is vital to seek expert legal advice at this stage if you have not already, as Trading Standards officers are bound by specific rules governing their ability to collect evidence. If they make mistakes or break the law in collecting evidence, this can exclude evidence from being used in court and may form the basis of a defence.
• Enforcement action: Based on analysis of the evidence and the strength of the case they have built, Trading Standards officers will decide whether to take formal enforcement action. This could involve issuing warnings, fines, or prosecution, depending on the severity of the violations. A solicitor can offer specialist advice throughout the court process and mount the strongest possible defence if you are subject to a Trading Standards Prosecution.
• Appeal: Businesses often have the right to appeal any enforcement actions or penalties imposed against them. Your solicitor can advise you on whether this is feasible and the likelihood of success in challenging a ruling that has been made against you.

Throughout the process, businesses need to work with a specialist Trading Standards solicitor. JMW's team can provide advice and representation during interviews with the Trading Standards team or any other investigators, and during any criminal prosecutions that result from the investigation. We can guide you on the information you are compelled to provide, help to protect your business' interests, and make sure you are treated fairly. Contact our Trading Standards lawyers today for advice on building a defence strategy during an investigation.

The penalties for breaching UK Trading Standards law vary widely depending on the nature and severity of the offence. Trading Standards offences are typically categorised into different types of violations, and the penalties can range from warnings and fines to imprisonment in more serious cases. Some of the most common penalties include:

• Warnings and advice: For minor or first-time violations, Trading Standards officers may issue warnings, giving the business advice and a chance to rectify the issue. However, there is no guarantee that this will be the case, and you should prepare for the eventuality that investigators will pursue the strictest course of action available.
• Penalty notices: In some cases, Trading Standards investigators may issue businesses with civil penalties or penalty notices, which bypass the need for a court appearance or prosecution. These are usually issued in response to minor offences such as breaches of consumer protection laws or trading standards regulations. The amount of the fine varies depending on the offence, meaning that these are not always fixed penalty notices.
• Prosecution: More serious offences can result in a criminal prosecution. If a business is prosecuted and found guilty, it may face penalties that include fines, compensation orders to repay affected consumers, and other court-imposed sanctions.
• Seizure and forfeiture: Trading Standards officers have the authority to seize and, in some cases, forfeit goods that do not comply with safety, labelling, or other regulations. They may freeze assets before initiating confiscation proceedings, and it is vital to work with a solicitor if this process begins.
• Imprisonment: In rare and severe cases, individuals involved in Trading Standards offences, such as company directors or responsible employees, may face a custodial sentence if they are found guilty of serious violations. This is more likely to occur in cases of deliberate fraud, counterfeit goods, or endangering public safety. Our specialist trading standards solicitors can discuss your circumstances at the outset of an investigation and advise you on the outcomes you might expect.
• Prohibition orders: The court may issue prohibition orders that restrict individuals from engaging in specific business activities for a specified period.
• Director disqualification: Company directors found guilty of certain trading standards offences may be disqualified from serving as company directors for a specified period.