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You will wish to consider the Macrory Review which makes a number of recommendations that aim to ensure that regulators have access to a flexible set of modern fit for purpose sanctioning tools that are consistent with the risk based approach to enforcement outlined by the Hampton Review.
If new rights of appeal are being considered, you should consult the Department for Constitutional Affairs (consultation@dca.gsi.gov.uk) at an early stage.
You must consult the Home Office (Tel: 0207 035 1726) and DCA (consultation@dca.gsi.gov.uk) about any proposed new criminal offence. Remember that new criminal offences are likely to result in increased work for the police and courts and may have an impact on legal aid costs.
Whether you are considering the introduction of criminal sanctions or civil penalties you must contact DCA at an early stage in the development of your proposal to discuss and agree the consequences of your proposal for the workload of the courts and legal aid. You will be required to complete a legal aid impact test, full details of which can found at: Legal Aid Impact Test. This is not an onerous process but it is very important that it is carried out to ensure that there are no subsequent problems with securing policy approval for your proposal.
Any proposals for sanctions must comply with the Human Rights Act