UK Offence Report

2 Any person who knowingly or recklessly provides information which he knows or believes to be false in any…

regulation 5(2) of Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999

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

2 Any person who knowingly or recklessly provides information which he knows or believes to be false in any notification sent by him under these Regulations, 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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
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, knowingly or recklessly, recklessly).

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, recklessly, knowingly or recklessly.

What would breach regulation 5(2)?

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 or recklessly provides information which he knows or believes to be false in any notification sent by him under these Regulations.
  2. Doing what the provision prohibits, or failing to do what it requires under the Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

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
9 June 1999
In force from
26 July 1999
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 enforce the second indent of Article 7.1 of Council Regulation (EC) No. 820/97 relating to notifying birth, movement and death of cattle to a central database. It is an offence to fail to notify in accordance with that provision and in accordance with these Regulations. The Regulations specify how notification must be made, and provide that all parties concerned shall have access to information held on the database. Certain charges are imposed to recover the cost of running the computerised database. The Regulations contain provisions concerning powers of entry and other powers of inspectors. Breach of regulation 13(1)(a) or (b) (obstruction) is punishable by a fine of level 5 on the standard scale or up to three months imprisonment for obstruction. For other offences the penalty is— on summary conviction, a fine not exceeding the statutory maximum, or imprisonment for a term not exceeding three months, or both; on conviction on indictment, a fine or imprisonment for a term not exceeding two years or to both.

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