FHDDS51435 | Penalties, sanctions and offences: penalties – policy: Trading without approval - onus of proof

It is for you to show, based on the evidence you gather, that a contravention is deliberate, deliberate and concealed or non-deliberate. It is for the person to show that they have a reasonable excuse.

You must issue the FHDDS penalty factsheet (Word 47kb) and allow the person time to read it and seek confirmation that they understand it.

You should then invite the person’s comments. If this is dealt with at a meeting, the notes of the meeting should record fully what you said and the person’s response. You should offer to send the person a copy of your final notes of the meeting. If during a telephone conversation you become aware that penalties might be due, you should explain and then follow this up by putting your reasons in writing to the person.

You should have already considered whether a criminal sanction is appropriate and ruled that option out before you take the decision to charge a civil penalty.

You should apply this guidance in conjunction with the Human Rights Act procedures in the Compliance Handbook at CH300000.