UK Offence Report

Obstruction offences

regulation 24 of The Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014

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

24 It is an offence—

a intentionally to obstruct any person acting in the execution of the EU Regulation or these Regulations;

b without reasonable cause, to fail to give to any such person any assistance or information that that person may reasonably require;

c to furnish to any such person any information knowing it to be false or misleading; or

d to fail to produce

a document or record to any such person when required to do so.

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 This is the text as originally made; later amendments are not shown here.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, knowing it to be).

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, knowing it to be.

What would breach regulation 24?

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 at the Time of Killing Regulations (Northern Ireland) 2014.
  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
8 April 2014
In force from
21 May 2014
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 make provision in Northern Ireland for the administration and enforcement of Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (O.J. No. L 303, 18.11.2009, p.1) (“the EU Regulation”) and certain national rules maintained or adopted under Articles 26(1) and (2) of the EU Regulation. The Regulations revoke the Welfare of Animals (Slaughter or Killing) Regulations 1996 (Northern Ireland) (S.R. 1996 No. 558) and amending instruments. Part 1 is introductory and includes definitions and designates the competent authority responsible for various functions under the Regulations. Part 2 requires persons to obtain an EU certificate of competence or temporary certificate of competence before killing animals or carrying out related operations in a slaughterhouse. Part 2 is subject to the transitional arrangements in Schedule 7, which apply until 8th December 2015. Part 3 establishes administrative provisions for the refusal, suspension or revocation of certificates and temporary certificates of competence and for the mechanism for review by the competent authority of a decision to refuse, suspend or revoke them. Part 4 and Schedules 1 to 4 set out national rules that have been maintained or adopted in accordance with Article 26(1) and (2) of the EU Regulation to ensure more extensive protection of animals at the time of killing. Part 5 makes provision for the competent authority to grant derogations from the provisions of the EU Regulation in exceptional circumstances where compliance is likely to affect human health or significantly slow down the eradication of a disease. Part 6 sets out the offences for contravening these Regulations or the EU Regulation. Regulation 26 sets out the penalties on summary conviction. Part 7 contains provisions relating to enforcement. Inspectors, appointed by the competent authority and district councils, are given powers to require compliance with these Regulations and the EU Regulation, including powers of entry and seizure and powers to issue enforcement notices. Breaching an enforcement notice and obstructing inspectors is an offence. Part 8 provides for consequential amendments, transitional provisions and revocations. Regulation 38 makes provision for the competent authority to review the operation and effect of the Regulations. A regulatory impact assessment has been prepared for these Regulations and placed in the library of the Northern Ireland Assembly. Copies can be obtained from Animal Health and Welfare Policy Division, Department of Agriculture and Rural Development for Northern Ireland or from the Department’s website (www.dardni.gov.uk).

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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