UK Offence Report

Obstruction etc. of authorised officers

regulation 25(1) of The Organic Products Regulations (Northern Ireland) 2020

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 It is an offence for

a person—

a intentionally to obstruct

a person acting in the execution or enforcement of these Regulations or the specified EU provisions; or

b without reasonable excuse, the proof of which lies on the person, to fail to comply with any requirement made by an authorised officer under regulation 24.

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 This is the text as originally made; later amendments are not shown here.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

“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; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

t of these Regulations or the specified EU provisions; or b without reasonable excuse, the proof of which lies on the person, to fail to comply with any requirement made by an authorised officer under regulation 24.

What would breach regulation 25(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 Organic Products Regulations (Northern Ireland) 2020.
  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
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

in Northern Ireland a reference to a level is construed as referring to the standard scale as it currently stands (Fines and Penalties (NI) Order 1984 art.5(3)), not as it stood when the instrument was made.

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
19 November 2020
In force from
31 December 2020
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.

These Regulations replace the Organic Products Regulations 2009 (S.I. 2009 No. 842) which cease to extend to Northern Ireland due to the UK’s withdrawal from the EU and the Northern Ireland Protocol. These regulations provide for the administration and enforcement of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products (OJ No L 189, 20.7.07, p.1), Commission Regulation (EC) 889/2008 laying down detailed rules for the implementation rules of Council Regulation (EC) 834/2007 (OJ No L 250, 18.908, p. 1), and Commission Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (OJ No L 334, 12.12.08. p. 25), each as amended from time to time. Part 1 sets out introductory provisions and interpretation Part 2 contains designations and exemptions Part 3 sets out notification requirements and controls of the movement of consignments of organic products imported from third countries. Part 4 makes provision for fees. Part 5 creates offences and makes provision for enforcement. They are enforced by the local authority or, in relation to imports of products from third countries, the port health authority. Part 6 contains supplementary provisions and revocations. The Schedule lists provisions of the Council Regulation and two Commission Regulations referred to above for the purposes of offences and enforcement.

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