UK Offence Report

Notification of suspicion of disease

article 5(3) of The Aujeszky's Disease Order (Northern Ireland) 2012

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 Failure to comply with this article is 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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
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 article 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.

  1. On these words an offence is committed where there is failure to comply with this article.
  2. Not doing what the provision requires under the Aujeszky's Disease Order (Northern Ireland) 2012, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

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
22 February 2012
In force from
19 March 2012
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.

This Order revokes and remakes the Aujeszky’s Disease Order (Northern Ireland) 1994. It is remade in conjunction with the Aujeszky’s Disease Scheme Order (Northern Ireland) 2012 (“the Scheme”) provides for the control and eradication of Aujeszky’s Disease in pigs in Northern Ireland. The main provisions of the Order are as follows:— a articles 3 and 4 allows the serving of a notice or licence by the Department on the occupier of any holding having day – to – day responsibility for the premises or for any pigs on the premises. b article 5 makes provision for the notification of the presence or suspected presence of disease by keepers of pigs and anyone who handles or examines pigs or pig carcases. c article 7 makes provisions for the initial controls following notification of disease to the Department and where a veterinary inspector considers further investigation is necessary. d articles 8, 9 and 11 makes provisions for the action required by the Department on suspicion of disease and declaration of infected premises and epidemiological investigations. e article 12 specifies imposing measures by the Department on suspicion of disease relating to pigs living in the wild. f article 13 specifies the powers of a veterinary inspector to serve a notice on the occupier revoking the measures in Schedule 1. g article 14 specifies the powers requiring the cleansing and disinfection of infected premises, receptacles and vehicles used for the confinement or removal of pigs, carcases, products or feeding stuffs. h articles 15 and 16 set out the controls following the notification at a slaughterhouse. i articles 17 - 19 make provision for the Department to declare areas of control including surveillance zones around infected premises. j articles 21 – 24 makes it an offence to vaccinate pigs unless under licence by the Department were the Department may have declared a vaccination zone and the movement of pigs within that zone. k article 25 provides the power to the Department to issue notices on the occupier of any premises. l Schedule 1 makes detailed provision for the measures taken by the Department following a declaration of an infected premises. m Schedule 2 makes detailed provision of the measures to be taken in a protection zone following the declaration of an infected premise and which provisions apply within that zone.

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.88 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