Offences and penalties
regulation 11(1)(b) of The Suckler Cow Scheme Regulations (Northern Ireland) 2025
- Status not determined
- Strict liability
- Summary only
- Agriculture, plant health, food production and rural affairs
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
b without reasonable cause fails to comply with
a requirement under regulation 10, 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 This is the text as originally made; later amendments are not shown here.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
- failing to comply with a notice or direction
- 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 regulation 11(1)(b)?
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.
- Being served with a notice under the Suckler Cow Scheme Regulations (Northern Ireland) 2025 and doing nothing by the date it specifies.
- Doing part of what the notice requires, where it required all of it.
- Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.
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.
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Animal cruelty: definitive guideline
Magistrates' courts in England and Wales · in force from 1 July 2017
Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.
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Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline
Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
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Reduction in sentence for a guilty plea: definitive guideline
All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
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General guideline: overarching principles
All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
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Totality: definitive guideline
All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.
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
- 6 March 2025
- In force from
- 1 April 2025
- 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 establish the Suckler Cow Scheme. The Scheme provides for payments to be made by the Department to eligible farm businesses in relation to age at first calving and calving intervals, which meet the eligible animal requirements. The Scheme— specifies the payments available (regulation 3 and 7); specifies the eligibility criteria for animals and farm businesses (regulations 4 and 5); specifies the use of NIFAIS information (regulation 6); provides the powers for withholding and recovery of overpayments (regulation 8); provides for the powers of authorised persons (regulation 9); specifies the assistance to authorised persons (regulation 10); provides for the offences and penalties (regulation 11); and specifies eligible beef breeds (Schedule).
Read the full note and every offence in this instrument
Other offences in the same instrument
- Any person who— a without reasonable cause obstructs an authorised person or a person accompanying the…regulation 11(1)
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
- This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
- The Suckler Cow Scheme Regulations (Northern Ireland) 2025 Every offence this instrument creates, and its explanatory note
- Agriculture, plant health, food production and rural affairsOther offences on the same subject
- Offences created in 2025