Investigations process
We investigate alleged or suspected breaches of trading standards legislation.
Any investigation will be carried out in a fair, unbiased and consistent manner.
The investigating officer has a duty to ensure that the investigation is conducted in compliance with our compliance policy.
This policy has a range of compliance options, from taking no action, the issuing of a caution through to prosecution.
As a general guide, at least one of the following public interest criteria will apply before an investigation is considered for legal proceedings:
- There is a significant risk to public health or safety to the environment.
- The offender, by action or inaction, risks causing suffering to animals or has increased the risk of the spread of animal disease.
- The offence involves the threat of violence against any person.
- The offender deliberately obstructs an officer of the council carrying out his or her duties.
- Fraudulent or reckless practice or the threat of significant economic disadvantage to consumers or businesses is involved.
- The victim is part of a vulnerable group e.g. children, elderly persons.
- The offender has relevant previous convictions.
- The offender has repeatedly ignored advice.
- There is a widespread disregard of the law.
- Appropriate notice has been given to the business community that legal proceedings will be considered for future breaches.
The final decision as to whether to prosecute is not taken by the investigating officer but by the Head of Trading Standards.
Please use the link in the more information section to look at our Compliance Policy.
Related documents
The following document is in Portable Document Format (PDF). You can download the PDF software for free from the Adobe website (opens in a new window)