UK Offence Report

4 A person shall be guilty of an offence if he— a dishonestly issues a plant passport; or b dishonestly…

article 40(4) of The Plant Health (Wood and Bark) Order (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

4 A person shall be guilty of an offence if he—

a dishonestly issues

a plant passport; or

b dishonestly alters

a plant passport, or re-uses

a plant passport.

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 This is the text as originally made; later amendments are not shown here.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 (dishonestly).

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: dishonestly.

What would breach article 40(4)?

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. Doing what the provision prohibits, or failing to do what it requires under the Plant Health (Wood and Bark) Order (Northern Ireland) 2006.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
Not determined
Standard scale
Level 5
Maximum prison (summary)
Not determined

the level is stated but no money value is given: this instrument extends outside the United Kingdom, where the standard scale set by s.122(1) of the Sentencing Act 2020 does not run.

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
27 February 2006
In force from
31 March 2006
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 Order) — the explanatory note published with the instrument, © Crown copyright.

The Plant Health (Wood and Bark) Order (Northern Ireland) 2006 (“the Order”) revokes and consolidates with amendments the Plant Health (Wood and Bark) Order (Northern Ireland) 1993 (SR 1993/460). The Order also implements— a Commission Directive 2002/36/EC (O.J. No. L116, 3.5.2002, p.16) amending certain Annexes to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants and plant products and against their spread within the Community; b Council Directive 2002/89/EC (OJ No. L355, 30.12.2002, p.45) amending Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community; c Article 20 and Annex II of the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.2003, p.33); d Commission Decision 2004/278/EC (OJ No. L87, 25.3.2004, p.31) on the Community position on the amendment of the Appendices to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products; e Commission Directive 2004/102/EC (OJ No. L309, 6.10.2004, p.9) amending Annexes II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community; f Commission Directive 2004/103 (OJ No. L313, 12.10.2004, p.16) on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks; g Commission Directive 2004/105/EC (OJ No. L319, 20.10.2004, p.9) determining the models of phytosanitary certificates or phytosanitary certificates for re-export accompanying plants, plant products or other objects from third countries and listed in Council Directive 2000/29/EC; h Council Directive 2005/15/EC (OJ No. L56, 2.3.2005, p.12) amending Annex IV to Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread in the Community; i Commission Directive 2005/17/EC (OJ No. L57, 3.3.2005, p.23) amending certain provisions of Directive 92/105/EEC concerning plant passports; j Commission Directive 2005/18/EC (OJ No. L57, 3.3.2005, p.25) amending Directive 2001/32/EC as regards certain protected zones exposed to particular plant health risks in the Community; and k Commission Decision 2005/260/EC (OJ No. L78, 24.3.2005, p.50) which comprises Decision No 2/2005 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products concerning the amendments to the Appendices to Annex 4. Part 2 of the Order imposes restrictions and requirements on relevant material imported into Northern Ireland from third countries, including material coming via another country in the European Community where the Department of Agriculture and Rural Development (“the Department”) has agreed to inspect that material in Northern Ireland. “Relevant material” is defined in Article 2. The principal controls are in Article 4, which contains general prohibitions and restrictions on relevant material being landed in Northern Ireland, Article 5, which requires importers to provide the Department with advance notice of landing of relevant material and Article 6, which imposes requirements for relevant material to be accompanied by a phytosanitary certificate. Article 7 exempts certain relevant material which is brought into Northern Ireland in a person’s baggage from these prohibitions and restrictions. Article 8 imposes requirements relating to the contents, display and presentation of documents required to accompany relevant material. Articles 9 to 11 provide that certain relevant material shall not be removed from an area of plant health control (defined in article 9(2)) until, having satisfied himself as to the matters specified in article 11, an inspector has discharged that material. Articles 12 and 13 provide for an officer for Revenue and Customs to be able to detain relevant material from which an inspector considers a pest may spread. Article 14 contains general requirements to be met by phytosanitary documentation. Articles 15 and 16 introduce provisions to allow relevant material to be inspected at its place of destination provided that place is approved by the relevant authorities and the material is accompanied by a plant health movement document. Part 3 of the Order contains the prohibitions and restrictions that apply to relevant material coming to Northern Ireland from another part of the European Community and to movement of that material within Northern Ireland. The requirements for such material to be accompanied by a plant passport are imposed by Article 19. Part 4 of the Order imposes a requirement on forestry traders to be registered in respect of their activities (Articles 23 to 25) and provides for the Department to be able to authorise them to issue plant passports (Article 26). Part 5 contains special arrangements governing trade in relevant material between Northern Ireland and Switzerland. Part 6 contains general enforcement powers given to inspectors. Part 7 provides for the Department to be able to license activities that would otherwise by prohibited by the Order. Part 8 imposes requirements to notify the presence of certain pests to the Department. Part 9 imposes offences for non-compliance with the Order or with requirements imposed under it (Article 40(1)); in relation to making statements or failing to disclose information for the purpose of procuring a plant health document (Article 40(3)) and for dishonestly issuing, altering or re-using a plant passport (Article 40(4)). (Contravention of any prohibition on landing imposed by the Order is an offence under the Customs and Excise Management Act 1979 (c. 2) and not under the Order.) A person found guilty of an offence under the Order is liable on summary conviction to a fine of up to level 5 on the standard scale (Article 41). A regulatory impact assessment has not been produced for this Order as it has no impact on the costs for business. The Order comes into operation on 31st March 2006.

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