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This text delves into the intersection of regulatory crime and consumer protection, as presented by Professor Peter Cartwright from the University of Nottingham. It highlights key characteristics of regulatory crime, including over-inclusiveness, strict liability, and specialized enforcement bodies. The piece addresses objections to criminal sanctions, the lack of stigma for business defendants, and the inconsistent enforcement of regulations. It also examines the limitations of current practices and explores potential alternative approaches, such as administrative penalties, to enhance consumer protection effectiveness.
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Crime, Punishment and Consumer Protection Peter Cartwright Professor of Consumer Protection Law University of Nottingham
Characteristics of Regulatory Crime • Over-inclusive • Strict Liability • Specialised Enforcement Bodies • Magistrates’ Courts • Business Defendants • Lack of Stigma
Objections to the Use of Criminal Sanctions • Inconsistent enforcement • Apply where harm is minor • Inappropriate levels of sanctioning • Resource intensive • Imposition of Strict Liability • Inadequate as a deterrent
Alternatives and the Future • Administrative Penalties • Mens Rea Offences
