MLR1PP5250 - Penalties Guidance: The burden of proof for civil penalties
Before issuing a penalty notice advising a business that a breach has been committed, there must be on"balance of probabilities" sufficient evidence that a breach has occurred. It will be necessary to present this evidence to a Tribunal, if a penalty goes to Appeal.
This means we must first consider two fundamental questions before we issue a penalty.
- What is the potential impact of the breach
- What evidence do we hold; will it support a reasoned position that reasonable steps to comply were not taken by the business
(This text has been withheld because of exemptions in the Freedom of Information Act 2000)
