UK Offence Report

Obstruction

regulation 18(1) of The Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010

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 A person is guilty of an offence if they—

a intentionally obstruct an authorised officer acting for the purpose of the enforcement of these Regulations, or

a person accompanying such an authorised officer under regulation4(3);

b without reasonable excuse, proof of which shall lie on that person, fail to give an authorised officer acting for the purpose of the enforcement of these Regulations any assistance or information or to provide any record or facilities that that authorised officer may reasonably require;

c fail to make any request for inspection when required by Community marketing rules or to give any notice or information required by Community marketing rules; or

d without reasonable excuse, proof of which shall lie on that person, supply to an authorised officer acting for the purpose of the enforcement of these Regulations any information knowing it to be false or misleading.

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 This is the text as originally made; later amendments are not shown here.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
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally, knowing it to be).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally, knowing it to be; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

mpanying such an authorised officer under regulation4(3); b without reasonable excuse, proof of which shall lie on that person, fail to give an authorised officer acting for the purpose of the enforcement of these Regulations any assistance or information or to provide any record or facilities that that authorised officer may reasonably requir

What would breach regulation 18(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 Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010.
  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
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
3 June 2010
In force from
25 June 2010
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 provide a new statutory framework for the enforcement of the Community marketing rules in the fresh fruit and vegetable sector provided for in Articles113 and 113a of Council Regulation (EC) No1234/2007 (O.J. No. L299, 16.11.2007, p.1) establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), and contained in TitleII of Commission Regulation (EC) No.1580/2007 (O.J. No. L350, 31.12.2007, p.1) laying down implementing rules of Council Regulations (EC) No.2200/96, (EC) No.2201/96 and (EC) No.1182/2007 in the fruit and vegetable sector. In particular, they implement the revisions made to the Community marketing rules introduced by Commission Regulation (EC) No.1221/2008 (O.J. No. L336, 13.12.2008, p.1) amending Regulation (EC) No.1580/2007 laying down implementing rules of Council Regulations (EC) No.2200/96, (EC) No.2201/96 and (EC) No.1182/2007 in the fruit and vegetable sector as regards marketing standards. These Regulations revoke the Grading of Horticultural Produce (Amendment) Regulations 1973 (S.R.1973 No. 19). These Regulations disapply the Horticulture Act (Northern Ireland) 1966, the Agriculture and Horticulture Act 1964 (c.28) and the Horticultural Produce Act 1986 (c.20) which modifies the 1964 Act and the Agricultural Marketing Act 1958 (c.47) from the Community marketing rules in the fresh fruit and vegetable sector. These Regulations make the failure to comply with Article113a(3) of Council Regulation (EC) No. 1234/2007, and the provisions of Commission Regulation (EC) No.1580/2007 mentioned in the Schedule, an offence. They contain some additional offences necessary for the effective enforcement of the Community marketing rules (Regulation16 and Schedule2). They exercise the derogation in Article3(3) of Commission Regulation (EC) No.1580/2007 (Regulation16(2)). This derogation exempts products presented for retail sale to consumers for their personal use from the specific marketing standards provided they are labelled “product intended for processing”, or with other equivalent wording. Regulation14 provides that powers in the Regulations cannot be exercised on premises used wholly as a dwelling house. The Regulations confer powers of entry (Regulation4) and other powers (Regulation5), including seizure powers which require authorised officers to fulfil certain duties in relation to any items seized. They contain powers to affix labels indicating non compliance with the Community marketing rules (regulations6, 7 and 8) and at the same time to serve notice containing detailed reasons for the non compliance. They confer power to control the movement of horticultural produce (regulation10) and the power to affix a stop notice label warning of its exercise (regulation12). There is provision for giving consent to the movement of controlled horticultural produce when certain conditions are met (regulation13). There are provisions on offences relating to the unlawful movement of controlled horticultural produce, to unlawfully removing stop notice labels and relating to failure to comply with an undertaking given in relation to controlled horticultural produce (regulation15). These Regulations make obstruction an offence (regulation18). They also contain provisions relating to the commission of an offence due to the fault of another person (regulation19). They provide for defences of acting with lawful authority or exercising due diligence and taking reasonable precautions (regulation20), and for the commission of offences by bodies corporate (regulation21). They provide for penalties for offences (regulation22).

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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