UK Offence Report

Offences and penalties

regulation 8(2) of The Beef Bones (Scotland) Regulations 1999

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 If any person contravenes–

a paragraph (1) above; or

b any other provision of these Regulations, he shall be guilty of an offence and liable–

i on summary conviction, to

a fine not exceeding the statutory maximum or to imprisonment for

a term not exceeding six months or to both; or

ii on conviction on indictment, to

a fine or to imprisonment for

a term not exceeding two years or to both.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 8(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 the thing the provision prohibits under the Beef Bones (Scotland) Regulations 1999, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
6 months
Maximum prison (on indictment)
2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
Revoked
Revoked by
The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2008 (revoked)
Revoked on
26 April 2008
Made
16 December 1999
In force from
17 December 1999
Extent
S

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations revoke the Beef Bones Regulations 1997 (S.I. 1997/2959) (regulation 10) in so far as they apply to Scotland. Those Regulations principally prohibited the sale of bone-in beef or its use in the preparation of food. These Regulations– a prohibit the use of bone-in beef in the commercial preparation of food or ingredients unless in the production of food sold at the premises, where the preparation took place, direct to the ultimate consumer (regulation 3); b prohibit the sale or use of any bone removed from bone-in beef deboned in Great Britain for the production of a food or ingredient unless sold at the premises where the production took place, direct to the ultimate consumer (regulation 4); c prohibit the sale or use of any ingredient in food made from such a bone or any substance derived from such a bone unless sold direct to the ultimate consumer at the premises where the ingredient or substance was produced (regulation 5); d make provision for the storage of such bones or substances derived from them in food (regulation 6); e make provision for records of consignments of bones (regulation 7); f create offences and penalties (regulation 8); g apply certain provisions of the Food Safety Act 1990 (regulation 9); h make provisions for enforcement by the Scottish Ministers or a food authority (regulation 10).

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