Although failures to comply with the requirements of the regulations can lead to the imposition of civil penalties (see ¶60-905), they may also expose the defaulter to a criminal charge with the possibility of:

(1)on summary conviction, a fine up to the ‘statutory maximum’; or

(2)on conviction on indictment, up to two years imprisonment, an unlimited fine or both.

The ‘statutory maximum’ for offences committed after 11 March 2015 is unlimited (previously the maximum was £5,000) (Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (SI 2015/664)).

The failures concerned are:

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