Trading Standards Solicitor
Trading Standards investigations cover a wide range of potential offences to include for example copyright, trade marks, trade descriptions, consumer credit, weights and measures and food safety to name a few.
We can be on hand at short notice to advise and offer guidance in Trading Standards investigations from the initial interview under caution to any case which is prosecuted through the Criminal Justice system.
Investigations
Many investigations commence with an initial complaint against an individual or business or a test purchase made by a Trading Standards official. In taking action to investigate a complaint an invitation is usually received by the individual or business to attend an interview under caution in accordance with the Police and Criminal Evidence Act 1984 at the offices of Trading Standards. It is important for legal advice to be obtained at this stage as any replies given in interview may be significant in any subsequent prosecution.
Arrest, Search and Seizure
In some cases Trading Standards Officers will obtain the assistance of the Police to effect the arrest of potential suspects and the search and seizure of property. It is desirable for individuals or businesses to seek legal advice at this stage. We will be in a position to assess the alleged offences or breaches and advise on the law and explore any available statutory defences.
It may also be possible in some circumstances to negotiate with Trading Standards on the alternative options available to prosecution for example a written warning or formal caution.
Prosecution and the legal process
If, however, a prosecution is commenced this will usually be by way of the issuing of a summons detailing the alleged offences committed against the individual or business and providing a date for a first appearance at the relevant Magistrates' Court. If a summons is received it is important to obtain legal advice and representation. We will be in a position to advise on funding, the law and Court process. We will also assess the evidence and advise on the appropriate plea and take the necessary proactive steps to defend the case.
We will also advise on any ancillary matters relevant to the case for example confiscation proceedings following a guilty plea or finding of guilt and also in relation to any applications that may be made by Trading Standards for the forfeiture and destruction of any goods seized.
Contact us
If you have any specific or general queries concerning Trading Standards or criminal consumer legislation then please contact us.