Prosecutions

James Albright made this Rhyddid Gwybodaeth request to North Yorkshire County Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Dear North Yorkshire County Council,

This request is for your Trading Standards department.

Since January 2014 please can you provide

1) A tabled list of all criminal offences your dept has prosecuted for including the legislation and the number of offences. I require the number of offences charged/summoned and taken to court – not the total that were successful or withdrawn once the court process had started.
For examples:
Food Safety Act 1990 – 10 offences
Consumer Credit Act 1974 – 5 offences
2) How many offences relates to legislation the Trading Standards department has a legal ‘duty’ to enforce and how many were not.

3) Does the department have a particular policy on prosecuting those offences that they do not have a duty to prosecute – If so please provide.

Regards
James Albright

North Yorkshire County Council

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The information governance team

Jo Boutflower, North Yorkshire County Council

4 Atodiad

Dear Mr Albright,

 

I refer to your Freedom of Information Act request and can provide the
following:

 

Number of offences prosecuted since January 2014

 

Legislation Number of offences Statutory duty
summonsed/charged
Road Traffic Regulation Act 1984 111 Enforced on behalf
of statutory
Highways Authority
Consumer Protection from Unfair   89 Statutory duty
Trading Regulations 2008
Trade Marks Act 1994   32 Statutory duty
Food Safety Act 1990   29 Statutory duty
Animal By-products (Enforcement)   18 Statutory duty
(England) Regulations 2013
Animal Health Act 1981   13 Statutory duty
Sheep and Goats (Records,   12 Statutory duty
Identification and Movement)
(England) Order 2009
Fraud Act 2006   11 -
Proceeds of Crime Act 2002   11 -

(money laundering)
Disease Control (England) Order 2003   10 Statutory duty
Cattle Identification Regulations     9 Statutory duty
2007
Conspiracy to defraud     9 -
Animal Welfare Act 2006     6 Statutory duty
Criminal Law Act 1977     6 Statutory duty to
enforce the Trade
(statutory conspiracy to commit Marks Act 1994
Trade Marks Act offences)
Business Protection from Misleading     4 Statutory duty
Marketing Regulations 2008
Animal Gatherings Order 2010     4 Statutory duty
Licensing Act 2003     2 Statutory duty
Children and Young Persons     1 Statutory duty
(Protection from Tobacco) Act 1991
Road Traffic Act 1988     1 -

(sale of unroadworthy motor vehicle)
North Yorkshire County Council Act     1 Statutory duty
1991
Weights and Measures Act 1985     1 Statutory duty
Children and Families Act 2014     1 Statutory duty

 

The Service has a [1]Penalty Guidance and Enforcement Policy which is
published on the County Council’s website. Conspiracy, fraud and money
laundering offences are used in circumstances in which they best represent
the nature and severity of the offending to the court. This is in line
with paragraph 6.1 of the [2]Code for Crown Prosecutors, which also
informs the decision making process along with the enforcement policy.

 

Yours sincerely,

Jo Boutflower

_________________________________________________________________________________________                                                                                                                          

Jo Boutflower, Head of Business & Consumer Services

Growth, Planning & Trading Standards

North Yorkshire County Council, Unit 4/5, Block B, Thornfield Business
Park, Standard Way, Northallerton, DL6 2XQ

Tel: 01609 534832     Fax: 01609 768649     [mobile number]

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