UK Offence Report

Obstruction of authorised persons

regulation 11 of The Apple and Pear Orchard Grubbing Up Regulations (Northern Ireland) 1998

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

11 Any person who—

a intentionally obstructs an authorised person in the exercise of the powers conferred on him by regulation 10, or

a person accompanying him and acting under his instructions; or

b without reasonable excuse, fails to comply with

a requirement under regulation 10, shall be guilty of an offence and 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 This is the text as originally made; later amendments are not shown here.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 (intentionally).

“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: intentionally; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

on accompanying him and acting under his instructions; or b without reasonable excuse, fails to comply with a requirement under regulation 10, shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

What would breach regulation 11?

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 Apple and Pear Orchard Grubbing Up Regulations (Northern Ireland) 1998.
  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.

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
10 June 1998
In force from
10 July 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 revoke the Apple Orchard Grubbing Up Regulations (Northern Ireland) 1991 (S.R. 1991 No. 157), the Apple Orchard Grubbing Up (Amendment) Regulations (Northern Ireland) 1994 (S.R. 1994 No. 430) and the Apple Orchard Grubbing Up (Amendment) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 15) (regulation 3). Those Grubbing Up Regulations provided for the administration and enforcement of a scheme for the payment of a premium to growers of apples who grubbed up their apple trees. The scheme was established for three separate periods between 1991 and 1995. Restrictions apply in relation to the grubbed land and areas of retained orchards and their occupiers and owners for the time being for fifteen years after recipients of premium had grubbed up apple trees under the scheme. These restrictions are preserved by regulation 4(2). A new Community scheme was established by Council Regulation (EC) No. 2200/97 (O.J. No. L.303, 6.11.97, p. 3). The detailed rules for the scheme are laid down in Commission Regulation (EC) No. 2467/97 (O.J. No. L.341, 12.12.97, p. 3). These Regulations provide for the administration and enforcement of the restrictions and other rules of the new scheme for the remainder of the fifteen year periods in which they will apply. Undertakings already given to the Department in relation to an application for premium that are being fulfilled when these Regulations come into operation are treated for the purposes of these Regulations as continuing to be fulfilled on the date they come into operation. Those undertakings which are not being fulfilled on that date are not so treated (regulation 4(1)). Regulation 5 of these Regulations provides for circumstances in which the grubbing up of apple and pear trees and replanting of apple, pear, peach or nectarine trees on the holding of the recipient of premium under the scheme may be permitted. In accordance with Article 3 of the Commission Regulation subsequent grubbing up of apple and pear trees and replanting of apple, pear, peach and nectarine trees is permitted providing the replanting does not extend the area of the holding planted with apple or pear trees. Prior notice of the intended grubbing up and replanting must be given to the Department and no replanting may be carried out before the intended grubbing up has been completed. Regulation 6 makes provision for the administration of the scheme rule that on a transfer of a holding affected by the grubbing up of apple or pear trees under the scheme the new owner must give an undertaking to comply with the rules of the scheme. Notice of the transfer and new undertaking must be given to the Department. Regulation 7 provides for recovery of premium and a fixed penalty, in accordance with Article 7(3) of the Commission Regulation, where the required undertakings have not been fulfilled during the fifteen year period of the scheme after the grubbing up concerned. Regulation 8 applies those sanctions where a required undertaking or notice has not been given. Regulation 9 provides for recovery of interest on premium repayable under the scheme rules. Regulation 10 confers powers of entry and inspection on persons authorised by the Department. Regulation 11 provides for offences and penalties for obstruction of authorised persons. Regulation 12 confirms that an amount recoverable or payable on demand under the Regulations is recoverable as a debt.

Read the full note and every offence in this 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