Government agencies and departments should use criminal legislation less often, according to a consultation paper published today by the Law Commission.

The paper says criminal sanctions should only be used for serious wrongdoing. Civil penalties could be used more effectively to enforce compliance with regulations, or deter activities that are merely ‘risky’, unless the risk involved is a serious one.

The paper also calls for existing low level criminal penalties to be repealed where civil penalties could be as effective. More than 3,000 criminal offences have come on to the statute book since 1997.

Using civil penalties for minor breaches of the law could save up to £11 million a year in judicial and administrative costs, the commission claims. Civil penalities also involve less uncertainty and delay for individuals and businesses involved.

Professor Jeremy Horder, the Law Commissioner leading the project, said: “Relying on the criminal law to deter and punish risky behaviour in regulatory contexts may be an expensive, uncertain and ineffective strategy.

“Civil penalties are quicker and cheaper to enforce but they are not a soft option. People who breach regulations will often discover that civil fines can be higher than the penalties imposed by the courts.

“The Commission believes that a principled criminal law should be used by regulators to target only the most serious cases of unacceptable risk-taking.”

The consultation paper can be found here.

Written by CSW