UK Offence Report

Offences and penalties

regulation 24(6) of The Zoos Licensing Regulations (Northern Ireland) 2003

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

6 If the operator of

a zoo fails to comply with

a zoo closure direction, he is 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 This is the text as originally made; later amendments are not shown here.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
an operator
Conduct
failing to comply with a notice or direction
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that an operator meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 24(6)?

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. Being served with a notice under the Zoos Licensing Regulations (Northern Ireland) 2003 and doing nothing by the date it specifies.
  2. Doing part of what the notice requires, where it required all of it.
  3. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£2,500
Standard scale
Level 4
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
3 March 2003
In force from
31 March 2003
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 contain provisions implementing European Council Directive 1999/22/EC relating to the keeping of wild animals in zoos (O.J. No. L094, 9.4.1999 p. 24–26) (“the Directive”). Regulation 2 defines key terms used in the Regulations. Regulation 3 makes it unlawful for anyone to operate a zoo except under the authority of a licence issued by the Department and defines what a zoo is. The regulation also gives effect to the conservation measures that zoos are required to adopt by virtue of article 3 of the Directive. Regulation 4 gives the Department the authority to exempt ‘small' zoos from the licensing and inspection regime. Regulation 5 deals with making applications to the Department for a licence to operate a zoo and specifies the information that should be provided by the applicant. Regulation 6 deals with appraising an application and requires the Department to make arrangements for an inspection of the zoo to be carried out before it can consider granting a licence. It also requires the Department to consult the applicant about the conditions it proposes to attach to a licence, if one is to be granted. The Department can refuse to grant a licence where an applicant or person employed by the zoo has been convicted of a related offence. Regulation 7 specifies the duration for an original licence granted by the Department. It also requires the Department to impose conditions to any licence it may grant giving effect to the conservation measures specified in regulation 3, having regard to relevant standards that the Department may specify under regulation 10. Regulation 8 gives the Department the authority to extend the period of an existing licence that has expired or direct the licence holder to apply for a fresh licence and specifies the duration for a renewed or fresh licence. The Department is required to arrange for an inspection of the zoo before it can renew the licence. Regulation 9 provides for the transfer or surrender of a licence, including the arrangements in the event of the death of a licence holder. Regulation 10 provides for the Department to specify standards with respect to the implementation of the conservation measures specified in regulation 3. Regulation 11 provides for the appointment of inspectors to carry out inspections required by the Regulations. Regulation 12 requires the Department to undertake regular inspections of licensed zoos and determines how they should be organised and how often they should take place. Provision is made to combine inspections required under this regulation and regulations 8 and 16 where more than one falls due within a period of twelve months. Regulation 13 gives the Department the authority to carry out special inspections of licensed zoos having regard to any circumstances concerned with implementation of the conservation measures referred to in regulation 3, which, in the opinion of the Department, call for investigation. Regulation 14 gives the Department powers to inspect zoos that have been closed where it has concerns about the arrangements for the future care or disposal of animals in the zoo. Regulation 15 makes provision for the Department to charge fees for applications for a licence or for the renewal, transfer or surrender of a licence. The Department will also be entitled to charge for the reasonable costs of inspections or costs incurred in relation to the exercise of its powers under regulation 21. Regulation 16 gives the Department authority to amend the terms and conditions of any licence it has issued. The Department is required to consult the holder of the licence about the proposed amendment and to arrange for an inspection of the zoo before making a significant amendment. Regulation 17 enables the Department to issue directions to licence holders to comply with licence conditions, which can include excluding the public from a section of a zoo until the conditions are met. Regulation 18 gives the Department powers to make a zoo closure direction in respect of licensed zoos requiring the zoo to be closed and revoking the licence. Regulation 19 provides the Department with the power to issue a zoo closure direction in respect of any zoo that is being operated without a licence in contravention of the Regulations. Regulation 20 provides for the application of the provisions in regulation 21. Regulation 21 requires zoo operators to arrange for the future care of or disposal of animals in the event of a zoo closure in accordance with a plan approved by the Department. It also gives the Department the authority to take direct action to arrange for the future care of or disposal of the animals in the zoo, if such arrangements have not been approved or are not being conducted in a satisfactory manner. Regulation 22 provides for powers of entry to a closed zoo. Such powers will be conducted under the warrant of a justice of the peace where access has been refused or part of the premises to which entry is sought is a private dwelling. Regulation 23 provides various rights of appeal to a magistrates' court connected with functions under the Regulations. Regulation 24 makes provision for various criminal offences arising from contravention of provisions under the Regulations and specifies the maximum penalties applicable to each offence. Regulation 25 provides for transitional arrangements for existing zoos, which will have four months in which to apply for a licence from the Department. Regulation 26 deals with the arrangements for notifying the operator of a zoo about directions made under the Regulations, or if the operator cannot be found, for notifying any person who appears to the Department to be responsible for the zoo.

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