Poisons Inspectors, etc.

article 16(4) of Poisons (Northern Ireland) Order 1976

• In force
• Requires proof of a state of mind
• Summary only
• Firearms, offensive weapons, explosives and poisons

The instrument creating this offence has not been revoked so far as the data shows.

What the provision says

4 If any person—

a wilfully delays or obstructs the Poisons Inspector in the exercise of any powers under this Article; or

b refuses to allow any sample to be taken in accordance with the provisions of this Article; or

c fails without reasonable excuse to give any information which he is duly required under this Article to give; such person shall be guilty of an offence and shall be liable on summary conviction to

a fine not exceeding level

3 on the standard scale.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds

a person

Conduct

obstructing an official exercising a power

Fault element

Requires proof of a state of mind

Burden of proof

An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (wilfully).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: wilfully; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

accordance with the provisions of this Article; or c fails without reasonable excuse to give any information which he is duly required under this Article to give; such person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

What would breach article 16(4)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

1. Refusing to let an inspector onto premises they are entitled to enter under the Poisons (Northern Ireland) Order 1976.
2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial

Summary only — tried in a magistrates’ court

Maximum fine

£1,000

Standard scale

Level 3

Maximum prison (summary)

Not determined

in Northern Ireland a reference to a level is construed as referring to the standard scale as it currently stands (Fines and Penalties (NI) Order 1984 art.5(3)), not as it stood when the instrument was made.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

• Firearms offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales

  Covers possession, transfer and manufacture of prohibited weapons and ammunition, including the statutory minimum sentences.

• Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017

  The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.

• General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019

  The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.

• Totality: definitive guideline All courts in England and Wales

  How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status

In force

Made

30 July 1976

In force from

Not determined

Extent

N.I.

How this was established: read from the revised (currently in force) text.

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Northern Ireland (Poisons) Commons · 23 July 1976 · Mr. Dunn

  The purpose of these Orders is mainly to consolidate the legislation relating to pharmacy and to poisons in Northern Ireland. The comparable legislation in Great Britain is already conveniently contained in two Acts, the Pharmacy Act 1954 and the Poisons Act 1972. At present the pharmacy and poisons legislation in Northern Ireland is contained in four Acts which have been subject to substantial amendment over the…

• Northern Ireland (Poisons) Commons · 23 July 1976 · Mr. Deputy Speaker (Mr. Oscar Murton)

  It might be for the convenience of the House if we also discuss the Poisons (Northern Ireland) Order 1976. I understand that both are consolidation measures.

• Northern Ireland (Poisons) Commons · 23 July 1976

  Resolved, That the Poisons (Northern Ireland) Order 1976, a draft of which was laid before this House on 30th June, be approved.

• Northern Ireland (Poisons) Commons · 23 July 1976 · The Under-Secretary of State for Northern Ireland (Mr. James A. Dunn)

  I beg to move, That the Poisons (Northern Ireland) Order 1976, a draft of which was laid before this House on 30th June, be approved

Other offences in the same instrument

• Regulations as to distribution of non-medicinal poisons by district councilsarticle 11(2)
• Restrictions on sale of methylated spirits and methylated etherarticle 12(2)
• Restrictions on sale of methylated spirits and methylated etherarticle 12(5)
• Supplementary provisions relating to methylated spirits and methylated etherarticle 13(1)
• Supplementary provisions relating to methylated spirits and methylated etherarticle 13(3)
• Supplementary provisions relating to methylated spirits and methylated etherarticle 13(6)

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis

the provision says a person is “guilty of an offence”; the provision states liability on summary conviction; the provision states a penalty in older drafting

Confidence

0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source

• This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
• Poisons (Northern Ireland) Order 1976 Every offence this instrument creates, and its explanatory note
• Firearms, offensive weapons, explosives and poisonsOther offences on the same subject
• Offences created in 1976