What happens if I am prosecuted?

If the authorities determined your crime to be as a result of a disregard for food hygiene the result can be extremely damaging to your reputation and finances.

The regulations enable the respective authority to prosecute you for a breach of this nature which may lead to proceedings in the Magistrates Court or if the matter is deemed more serious, in the Crown Court.

Should the prosecution stay in the Magistrates Court, you will face a fine. If the breach involves the obstruction of an enforcement officer in inspecting your premises, you may also face up imprisonment.

Should the crime be deemed more serious than the maximum punishment available in the Magistrates Court will allow, you may find the prosecution will be transferred into the Crown Court. The maximum punishments are increased in proceedings in the Crown Court and as such were you to be convicted here you could face up to two years in prison and/or a potentially unlimited fine.

In addition to any prosecution the authorities have the power to order you to improve the situation within a certain timescale, order you to immediately cease business until the problem is eradicated and/or permanently close down your business.

On top of this it is standard practice for the Courts to order convicted Defendants to pay the Prosecutions reasonable costs for investigating and prosecuting the case. 

The prosecution can have a wider impact on a business. The damage caused to a businesses reputation by a conviction can, in the long run, turn out to be more costly then the fine itself. If you are a small business and your business plan is to sell the company in the future then potential buyers will carefully inspect your safety record and this may impact on their decision to purchase your company.

When it comes to the health of the general public the local authorities and the courts are committed to ensuring that people disregarding food hygiene are punished accordingly.

It is of the utmost importance to protect you and your business. Our knowledge and experience in dealing with Enforcement Authorities means that you would be in the most capable hands managing any potential investigation. All investigations into Food Hygiene breaches are conducted in accordance with the Criminal Law, so specialist advice should be sought.

We can advise immediately following any inspection whereby the authority intends to take action. We can assist you in determining whether the proposed action by the local authority is merited and if not advice as to how you may appeal that decision.
 

Should the authority wish to close your business, either temporarily or permanently, we can assist in determining whether that is indeed merited and advise and represent you in appealing.

If the authority chooses to prosecute you we can attend any interview under caution, considering the allegations and determining whether a defence exists. We can gather evidence to prepare and present a comprehensive case at any trial.

Even if no defence exists, we have extensive experience in advising clients as to how to minimise the effect of a conviction by way of mitigation and presenting this to any court.

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