UK Offence Report

Amendment of Article 12

regulation 3(2) of The Humane Trapping Standards Regulations (Northern Ireland) 2019

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

2 For paragraph (2) substitute— 2 Subject to the provisions of this Part and to those of Article 20, if any person— a uses any trap or snare for the purpose of killing, taking or restraining any wild animal included in Schedule 6 or 6A; b sets in position any trap or snare of such a nature and so placed as to be calculated to cause bodily injury to any wild animal included in Schedules 6 or 6A; c sets in position any— i hook and line; ii electrical device for killing or stunning; or iii poisonous, poisoned or stupefying substance or muscle-relaxing agent, of such a nature and so placed as to be calculated to cause bodily injury to any wild animal included in Schedule 6; d uses for the purpose of killing or taking any wild animal included in Schedule 6 any— i hook and line; ii poisonous, poisoned or stupefying substance or muscle-relaxing agent; iii net; iv automatic or semi-automatic weapon; v device for illuminating a target or sighting device for night shooting; vi form of artificial light or any mirror or other dazzling device; vii gas or smoke not falling within head (iii); viii metal bar, axe, hatchet, cudgel, club, hammer or similar instrument; e uses any electrical device for killing or taking any wild animal included in Schedule 6; f uses any mechanically propelled vehicle in immediate pursuit of any wild animal included in Schedule 6 for the purpose of driving, killing or taking that animal; or g knowingly causes or permits to be done an act mentioned in any of sub-paragraphs (a) to (f), that person 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 This is the text as originally made; later amendments are not shown here.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
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 (knowingly).

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: knowingly.

What would breach regulation 3(2)?

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 Humane Trapping Standards Regulations (Northern Ireland) 2019.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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 March 2019
In force from
31 May 2019
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 these Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations amend the Wildlife (Northern Ireland) Order 1985 (the Order) in order to implement in Northern Ireland requirements contained in the Agreement on international humane trapping standards concluded between the European Community, the Government of Canada and the Government of the Russian Federation (“the Agreement”). The Regulations restate the existing prohibitions in Article 12 of the Order (animals which may not be killed or taken by certain methods) in relation to the animals listed in Schedule 6, without substantively adding to them. It introduces a prohibition on using or setting in position any trap or snare for the purpose of killing or taking Stoat (otherwise known as Ermine) which is listed in a new Schedule 6A to the Order. The Stoat is protected under the Agreement together with the Badger, the Otter and the Pine Marten, which are already listed in Schedule 6 to the Order. All four species are now listed in Schedule 6A. The prohibitions in Article 12(2)(a) and (b) (as revised) (relating to using or setting in position a trap or snare) do not apply in relation to any animal specified in Schedule 6A where the use or setting of the trap is under and in accordance with a licence issued by the Department and the trap or snare is of a certified type and make, or is constructed by the person using it and which complies with a design approved by the Department (as the case may be) (see Article 18(3) together with new 18(3C) of the Order). This is subject to the exemption in new Article 18(3J) of the Regulations relating to the grant of individual licences, where in the opinion of the Department the licence does not undermine the objectives of the agreement. For this purpose, a trap or snare is one of a certified type and make if its type and make are for the time being certified as conforming, when used in accordance with any instructions specified by the manufacturer, to the humane trapping standards set out in Annex I to the Agreement. The Regulations contains a transitional provision, by virtue of which the requirement in new Article 18(3C) of the Order for traps and snares to be of a certified type and make, if not constructed by the user and of a design approved by the Department, does not apply to Stoat until 1st April 2020. A full impact assessment of the effect this instrument will have on the costs of business and on the private, voluntary or public sectors is available at www.gov.uk and is annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.

Read the full note and every offence in this 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