The Law Commission issued a consultation paper on 25 August 2010. The consultation period ended on 25 November 2010

The Law Commission has issued a wide ranging consultation paper considering criminal liability in regulatory contexts. The paper concludes that the criminal law should only be employed to deal with wrongdoers who deserve the stigma associated with criminal conviction and should not be used as the primary means of promoting regulatory objectives. Harm done or risked should be regarded as serious enough to warrant criminalisation only if, in some circumstances, an individual could justifiably be sent to prison for a first offence or an unlimited fine would be necessary to address the seriousness of the wrongdoing in issue and its consequences.