Unfair Commercial Practices and the Future of the Criminal Law

摘要

The regulatory offence has been at the core of the United Kingdom's consumer protection regime for decades, with the Trade Descriptions Act 1968 particularly prominent. Businesses have long been subject to offences which, arguably, are "not criminal in any real sense but are acts which, in the public interest, are prohibited under a penalty". The Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) represent a highly significant new chapter in the history of UK consumer protection law. In implementing the Unfair Commercial Practices Directive (UCPD), the CPRs introduce the most significant and far-reaching changes to consumer protection law for over 40 years. They mark the end of the 1968 Act, and of several other high profile pieces of legislation. Furthermore, they signify a move from a patchwork of consumer protection provisions to a single, broad, piece of legislation. This presents huge challenges both for enforcement authorities and businesses.