CCP06020 - Reasonable excuse: guidelines to be used in considering reasonable excuse

The officer identifying the contravention should always ascertain whether the trader has a reasonable excuse. If no evidence is available, action should proceed in line with the table at CCP04110. Evidence produced after the issue of a Warning Letter should be considered by the person responsible for reconsiderations and/or formal reviews (see CCP05050).

When considering whether the trader has a reasonable excuse for a subsequent contravention you should take into account that the trader will have already been warned about the previous contravention.

Penalty Officers must consider evidence provided by the officer submitting a case for possible penalty action. If no evidence is available, action should proceed in line with the guidance in CCP05000. Evidence produced after the issue of a penalty should be considered by the person reconsidering the case or the Review Officer as appropriate (see CCP05050).

This section gives guidance on the thought process used in consideration of reasonable excuse. It provides examples of the individual excuses that have been encountered and the types of questions you should ask yourself during your review. The answers help to build up a picture of the circumstances which led to the contravention.

You should remember that whilst a trader may offer several excuses, which individually are considered to be unacceptable, when they are taken together may amount to a reasonable excuse. In such cases reference must be made to the Civil Penalties Liaison Officer who will take advice from the Penalties Team.