Trading Standards & Animal Welfare Law Prosecutions

If you are facing legal action from your local authority over trading standards or animal welfare law violations, Newtons Solicitors can help. Our specialist team are on your side every step of the way.

What Is a Trading Standards Prosecution?

A Trading Standards prosecution is a criminal legal action brought against a farmer for breaking agricultural laws related to animal welfare, movement, food safety and environmental contamination.

• Animal welfare and neglect

This entails failure to properly care for livestock, causing unnecessary suffering. Animal welfare issues in agriculture include inadequate veterinary care for injured or diseased livestock, insufficient food and water, and poor living conditions.

• Traceability and movement

Laws pertaining to animal welfare on farms also stipulate that farmers must be able to account for the whereabouts of their livestock. Failing to properly report or track animal movements on and off farms could result in a Trading Standards prosecution.

• Food safety and marketing fraud

Falsifying food safety documents or using misleading labelling also constitutes Trading Standards offences. Farmers must always provide the correct paperwork to abattoirs, wholesalers and supermarkets.

• Environment and pollution

Under agricultural Trading Standards, farmers must store manure and slurry properly so as to prevent dangerous leaks and environmental contamination. They should also correctly dispose of hazardous materials rather than allowing them to accumulate on farmland.

The Trading Standards Prosecution Process

Whether you are an agricultural landowner or tenant, Trading Standards prosecutions follow a criminal investigation structure that commonly comprises four stages.

1. Investigation
   Trading Standards Officers (TSOs) often investigate based on consumer complaints, routine farm inspections or intelligence reports. Officials may conduct an undercover operation or visit a farm unannounced to obtain evidence such as business records.
   
2. Interview
   If the initial investigation identifies a Trading Standards violation, a farm owner will be formally interviewed under caution, conducted in accordance with the Police and Criminal Evidence Act 1984.
   
3. Enforcement
   Based on the severity of the violation, TSOs decide on the appropriate enforcement action. This could involve a formal warning, a statutory notice or, in more extreme cases, the seizure of animals.
   
4. Prosecution
   If the violation is severe or a farmer fails to comply with any statutory notices, the local authority initiates court proceedings. At this point, a farmer is formally charged and should seek legal representation to build a defence.

Why Do You Need a Trading Standards Prosecution Solicitor?

Farmers found to have violated animal welfare laws or any other Trading Standards rules during farm inspections – particularly those relating to animal welfare in agriculture – can face significant fines, disqualification from farming or even imprisonment. Given how severely these consequences can impact a farming business, it is crucial to obtain legal advice and representation as early in the process as possible.

At Newtons Solicitors, we carefully examine every aspect of your case to build the best defence. Depending on your unique circumstances, this could take one of several paths:

• Due diligence

The most common defence involves arguing that a farmer took all reasonable precautions and exercised all due diligence to avoid committing the offence. For example, a farmer had robust procedures in place for feeding and handling animals.

• Evidential challenges

Challenging the evidence gathered by TSOs, for example, by providing contradictory photographic or veterinary evidence taken at the same time as the initial Trading Standards farm inspection. Here, expert witness testimony may also form part of the defence.

• Procedural errors

Arguing that the prosecution process is improper, for example, if evidence was gathered unlawfully or the TSOs’ investigation was flawed. The criminal proceedings may also have begun outside of the legal timeframe.

What to Expect from Newtons

While building your defence, our specialist Trading Standards prosecution solicitors will provide the highest quality legal guidance and support. When instructing Newtons Solicitors in your case, you can expect:

• Free initial consultation
  We begin with a transparent conversation about your needs and expectations regarding your Trading Standards prosecution defence.
  
• Clear processes
  At every stage, you will know what we are doing to help and why. You can depend on us to guide you through the legal intricacies of the Trading Standards prosecution process.
  
• Timely communication
  As our valued client, you are our first priority and the first to know about every development in your case.
  
• No hidden fees
  We are open about our costs from the start, so you know exactly what you are buying. We will never surprise you with additional fees later in your case.

Choose Newtons for Support with Trading Standards Prosecutions

Our Trading Standards prosecution solicitors are experienced in defending farmers and helping farming businesses remain legally compliant. For more information about our services, please contact us or visit one of our offices.