Cabinet Office
The Hampton Review (published by HM Treasury in March 2005) found that the current system for penalising businesses that consistently flout the law is often cumbersome, inconsistent, and inefficient. The UK system is characterised by a heavy reliance on criminal prosecution to deliver sanctions for regulatory offences. Criminal prosecution is a time-consuming and expensive process and may be a disproportionate response in all but the most serious cases. In addition, Hampton found that the fines handed down in Magistrates courts were often too low to eliminate any economic benefit derived from the non-compliance and fine levels were also inconsistent across the country.
One of the recommendations in the Hampton Report was that the Better Regulation Executive undertake a comprehensive review of the penalty systems and suggest reforms to address some of these shortcomings.
The Better Regulation Executive Penalties Review was initiated in September 2005 when Richard Macrory, Professor of Environmental Law from University College London, was appointed by the Better Regulation Executive to lead the project. The review published its first document 'Regulatory Justice: Sanctioning in a post-Hampton World' on 7 December 2005. The discussion paper explores some of the findings made in the Hampton Report regarding penalties, and introduces some of the areas of work the review would like to consider over the coming months.
> Regulatory Justice: Sanctioning in a post-Hampton World [PDF 359kb]
The discussion paper calls for evidence from stakeholders and interested members of the public to be submitted by 18 February 2006. The questions on which the review would like evidence are contained in Chapter Four of the discussion paper.
> List of questions on which the review would like evidence
A consultation document will be published in Spring 2006. Stakeholders and interested members of the public will have further opportunity to contribute to the reivew at this time. A final report with recommendations to Government will be published in late 2006.
Consultation responses can be sent to the postal or email address below.
Copies of the document are available from the Review team:
Penalties Review Team
Better Regulation Executive
4 th Floor, Kirkland House
22 Whitehall
London, SW1A 2WH
Tel: 020 7276 1762/2321
Fax: 020 7276 2577
email: BRE-Penalties.Review@cabinet-office.x.gsi.gov.uk
You can also contact the review team by writing to:
Richard Macrory
Better Regulation Executive
Kirkland House
22 Whitehall
London. SW1A 2WH