Chapter 1

Recommendations and Guidelines

1.20This Report makes specific proposals about the circumstances when pecuniary penalties should be considered for inclusion in a statute, and about the procedural rules and fundamental safeguards that should accompany their imposition. Some of our proposals are in the nature of Recommendations for action by the Government or Crown agents. They include one Recommendation for the amendment of existing legislation.

1.21Our other proposals are in the form of Guidelines for public officials about when and how pecuniary penalties should be used. The Guidelines set out the best practice for aspects of the design of pecuniary penalties, and describe matters that public officials should be taking into account. The Guidelines should be followed whenever a pecuniary penalty regime is to be amended or introduced. The Guidelines are set out in Appendix A.14
14They are also set out in the main body of this Report.