UK Offence Report

Obstruction

regulation 28(1) of The Welfare of Animals (Transport) Regulations (Northern Ireland) 2006

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

1 Any person who—

a without reasonable cause, fails to give any person acting in the execution of Council Regulation 1/2005, Council Regulation 1255/97 or these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under those Regulations or these Regulations;

b provides any person acting in the execution of these Regulations with any information he knows to be false or misleading;

c provides false information on any journey log (whether submitted for approval, returned to the officer of the Department after the journey or otherwise) or provides false information on any documentation carried pursuant to Article

4 of Council Regulation 1/2005;

d makes an entry in

a record or statement, or gives any information for the purposes of these Regulations, which he knows to be false in any material particular or, for those purposes, recklessly makes

a statement or gives any information which is false or misleading in any material particular;

e intentionally obstructs

a person in the exercise of his powers under these Regulations; or

f causes or permits any of the above, 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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
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 (intentionally, 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: intentionally, recklessly.

What would breach regulation 28(1)?

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 Welfare of Animals (Transport) Regulations (Northern Ireland) 2006.
  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
£5,000
Standard scale
Level 5
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
21 December 2006
In force from
5 January 2007
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 Welfare of Animals (Transport) Order 1997, which implemented Council Directive 91/628/EEC on the protection of animals during transport (O.J. No L340, 11.12.91, p 17). These Regulations makes for the administration and enforcement of Council Regulation (EC) No. 1/2005 (on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97) (“Council Regulation (EC) No. 1/2005”). It also makes provision for the administration and enforcement of Council Regulation 1255/97 (concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC) (O.J. L 174, 2.7.97 p.1). Part 2 of the Regulations enforces the requirements of Council Regulation (EC) No. 1/2005 in relation to transport (regulation 5), transporters (regulation 6), roll-on-roll-off vessels (regulation 7) organisers (regulation 8), keepers (regulation 9) and assembly centres (regulation 10). It also enforces the requirements of Council Regulation (EC) No. 1255/97 in relation to control posts (regulation 11). Regulation 11(1) makes it an offence to operate a control post without prior approval. Part 3 provides derogations relating to means of transport by road used in respect of journeys not exceeding 12 hours in order to reach the final destination (regulations 12 to 19). Part 4 provides for the amendment, suspension or revocation of approvals, authorisations or certificates and for representations against a notice to amend, suspend or revoke them (regulations 20 to 23). Inspectors are given powers to require compliance with the Regulations, including the power to stop a journey (regulation 24). Owners or charterers of vessels used to transport animals are required to produce information on demand to an inspector, which may include a plan of the vessel (regulation 27).

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