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Image of Richard Power, Trading Standards Legal Specialist

Richard Power

Trading Standards Legal Specialist

Richard is a qualified Trading Standards Officer and full member of the Chartered Trading Standards Institute and has worked for Essex Trading Standards for 25 years. During that time he has undertaken many roles and has extensive practical and legal knowledge of Trading Standards investigations. He is also a Graduate member of the Chartered Institute of legal Executives. 

 

For more than 12 years Richard has been Operational Manager with responsibility for legal process and litigation and has been the in-house prosecutor for Essex Trading Standards; dealing with all aspects of trading standards cases, from working collaboratively with the investigation team through to advocacy in the Magistrates’ Court. Richard works closely with prosecution counsel to ensure successful outcomes in the Crown Court.  

 

Richard also has experience of dealing with enforcement actions taken under Part 8 of the Enterprise Act 2002.

Relevant Experience

  • Undertakes all aspects of Trading Standards prosecutions, including advice during the investigation stage, review of completed investigation files, drafting informations and appearing in the Magistrates’ Court
  • Represents ECC Trading Standards on the Surveillance Board and successfully made recent applications for Judicial Approval of RIPA applications for Communications Data
  • Providing oversight and approval for warrant applications to the Magistrates’ Court
  • Civil enforcement action against Smith Glass Limited pursuant to Part 8 of the Enterprise Act – drafted undertakings including Enhanced Consumer Measures and obtained and undertaking given to the Court
  • R v Oakpark Asset Management Limited, Oakpark Properties (UK) Limited, Overill and Overill (2017): The case involves offences under the Consumer Protection from Unfair Trading Regulations 2008 and the Companies Act 2006. The defendants were letting agents who have pleaded guilty to offences whereby they took deposits from tenants and failed to deposit them in a Tenancy Deposit Scheme. Two individuals were given suspended prison sentences and disqualified from being company directors. Compensation has been obtained and confiscation proceedings are pending
  • At Southend Magistrates’ Court - dealt with a trader for a second underage sale of alcohol. A fine of £750 imposed, full prosecution costs recovered and Personal Licence revoked
  • R v Smart Save Solutions Limited, Carl Smith and Edward Cooke (ongoing): a case brought under the Consumer Protection from Unfair Trading Regulations 2008 concerning the mis-selling of solar panels
  • Recently instituted proceedings against two farmers who transported unfit sheep to slaughter and failed to deal properly with animal by-product requirements
  • Providing legal advice and support to witnesses, drafting and or reviewing statements and case managing Trading Standards prosecution cases
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