Amendment of the Cattle Passport Regulations (Northern Ireland) 1999

regulation 5(3) of Identification and Notification of Cattle Regulations (Northern Ireland) 2004

Status not determined
Strict liability
Agriculture, plant health, food production and rural affairs

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

3 Regulation
13 shall be renumbered regulation 13 (1) and after that paragraph there shall be added the following paragraph –
2 For the purposes of Article 18(6) of the Diseases of Animals (Northern Ireland) Order 1981 any offence against these Regulations shall be deemed to be an offence against that Order. .

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 This is the text as originally made; later amendments are not shown here.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: 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 a person 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 5(3)?

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.

Doing what the provision prohibits, or failing to do what it requires under the Identification and Notification of Cattle Regulations (Northern Ireland) 2004.

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.

Animal cruelty: definitive guideline Magistrates' courts in England and Wales · in force from 1 July 2017
Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
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: Status not determined
Made: 4 October 2004
In force from: 1 November 2004
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

The Regulations amend regulations 2(1), 7, 15 and 17 respectively of the Cattle Identification (No. 2) Regulations (Northern Ireland) 1998 (“the 1998 Regulations”) so as to – a substitute reference to Council Regulation 820/97 (O.J. No. L117, 7.5. 1997, p. 1) establishing a system for the identification and registration of bovine animals and regarding the labelling of beef products with reference to Regulation (EC) No. 1760/2000 (O.J. No. L204, 11.8.2000, p. 1) establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) 820/97; b make it an offence for a person, except with the permission of the Department, to transfer an ear tag from an animal or carcase to any other animal or to use for identifying any animal an ear tag which had previously been used to identify another animal; c permit the Department of Agriculture and Rural Development to serve a notice on a keeper of animals restricting the movement of cattle onto a holding; and d deem any offence against the 1998 Regulations to also be an offence against Article 18(6) of the Diseases of Animals (Northern Ireland) Order 1981 for the purpose of withholding compensation or other payment in respect of an animal slaughtered under that Order (regulation 2). Amendments for a purpose similar to (a) and (d) above are made to the Cattle Identification (Enforcement) Regulations (Northern Ireland) 1998, the Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999 and the Cattle Passport Regulations (Northern Ireland) 1999 (regulations 3, 4(2) and 5). The Cattle Identification (Notification of Births, Deaths and Movements) Regulations are further amended so as to make it an offence under regulation 5(1) to fail to notify the birth, movement or death of any animal either in the manner provided for in, or within the time limits specified by, the Regulations (regulation 4(3)).

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 0.60.

Basis: c11_treated_as_offence
Confidence: 0.60 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.
Identification and Notification of Cattle Regulations (Northern Ireland) 2004 Every offence this instrument creates, and its explanatory note
Agriculture, plant health, food production and rural affairsOther offences on the same subject
Offences created in 2004