UK Offence Report

Suspension notices and orders

regulation 15(4) of Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1998 (revoked)

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

4 As soon as practicable after the service of

a suspension notice, an inspector shall affix

a copy of the notice in

a conspicuous position in the premises to which it relates and any person who knowingly contravenes such

a notice shall be guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

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

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly.

What would breach regulation 15(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. On these words an offence is committed where a person knowingly contravenes such a notice.
  2. Doing the thing the provision prohibits under the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1998, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
3 months
Maximum prison (on indictment)
2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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.

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
Status not determined
Made
29 April 1998
In force from
1 May 1998
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations.) — the explanatory note published with the instrument, © Crown copyright.

These Regulations give effect to Council Decision 98/256/EC on emergency measures to protect against bovine spongiform encephalopathy, in relation to the despatch to other member States and third countries of bovine animals and embryos and meat and other products from bovine animals. The Regulations revoke and replace the Bovines and Bovine Products (Despatch Prohibition and Production Restriction) Regulations (Northern Ireland) 1997. The principle changes of substance are that the Regulations— a make provision for derogations from the prohibition on the export of meat and meat products which are eligible under the Export Certified Herds Scheme; b revise the conditions for the export of meat products and by-products produced in Northern Ireland from imported beef; and c make further provision in relation to the existing controls on products and by-products produced from United Kingdom slaughtered bovine animals. Regulation 3(1) prohibits the despatch from Northern Ireland to another member State or a third country of bovine animals or bovine embryos, meat meal, bone meal or meat and bone meal derived from mammals. Regulation 3(2) provides that the prohibitions do not apply in respect of food for domestic carnivores containing mammalian meat meal, bone meal and meat and bone meal originating outside the United Kingdom which has been prepared in accordance with the requirements of the Regulations applicable to the preparation of that food. Regulation 3(3) prohibits, subject to exceptions, the despatch from Northern Ireland to a member State or third country of meat derived from bovine animals slaughtered in the United Kingdom or products obtained from such animals which are liable to enter the human food or animal feed chains, or material derived from animals slaughtered in the United Kingdom which is destined for use in cosmetic products, medical products or pharmaceutical products. Regulations 3(4) to (6) and 4 make provision in relation to the despatch of “controlled bovine by-products” (as defined) and the registration of establishments used for their production. Regulations 3(7) and 7 make provision for the export of those “eligible goods” (as defined) which satisfy the requirements of the Council Decision. Regulations 3(8) and 8 make provision in relation to the despatch from Northern Ireland of “relevant goods” (as defined) and the approval of establishments used for their production. Regulation 5(1) and (2) prohibits the production of gelatin or collagen for the human food or animal feed chain or for cosmetic, pharmaceutical or medical use unless it is produced from animals slaughtered outside the United Kingdom and in premises registered for the production of controlled bovine by-products. Regulation 5(3) prohibits the consignment of material containing bovine vertebral column to establishments registered under regulation 4(2). Regulation 5(4) contains prohibitions in relation to the despatch to another member State or third country of imported fresh meat, and its consignment and movement for that purpose without an official veterinary certificate. Regulation 5(5) provide prohibitions in relation to the despatch, consignment and movement of imported products and by-products referred to in Article 8(e) of the Council Decision without the label or an accompanying documentary indication of the establishment where they were manufactured. Regulation 5(6) prohibits the placing on the market in Northern Ireland of fresh meat, minced meat and meat preparations or meat products which bear or are labelled with an additional mark. Regulation 9 enables the Department to charge fees in respect of costs reasonably incurred by it in connection with the registration or approval of certain establishments, the control exercised in relation to those establishments by veterinary surgeons appointed by it and the issue of health certificates. Regulation 10 confers on inspectors and customs officers powers to stop and search vehicles and vessels reasonably suspected or carrying goods the despatch of which to other member States or third countries is prohibited. Regulation 11 provides powers of entry to premises. Regulation 12 provides powers to seize goods. It makes provision for the destruction of goods, the despatch of which to other member States or third countries, is prohibited, where a justice of the peace is satisfied there is a risk of despatch to another member State or third country. Regulation 14 confers power on customs officers to detain vehicles and vessels. Regulation 15 makes provision for suspension notices and orders, suspending the use of business premises for the receipt or despatch of certain goods. Regulations 16 and 17 make provision for offences and penalties and for the punishment of obstruction.

Read the full note and every offence in this instrument

Other offences in the same instrument

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”
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