Penalties

regulation 33(1) of The Animals and Animal Products (Import and Export) (Scotland) Regulations 2000

Status not determined
Strict liability
Either way
Dogs, animals, hunting and wildlife

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 A person contravening any provision of these Regulations or any notice served under them 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 This is the text as originally made; later amendments are not shown here.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: 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 33(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.

Doing what the provision prohibits, or failing to do what it requires under the Animals and Animal Products (Import and Export) (Scotland) Regulations 2000.

Penalty

Mode of trial: Either way — magistrates’ court or Crown Court
Maximum fine: £5,000
Standard scale: Level 5
Maximum prison (summary): 3 months
Maximum prison (on indictment): 2 years

in Scotland a reference to a level is construed as referring to the standard scale as it currently stands (CP(S)A 1995 s.225(2)), 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.

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.
Imposition of community and custodial sentences: definitive guideline All courts in England and Wales
When a community order or custody is justified at all, and the presumption against short custodial sentences.
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.
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.
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: 23 June 2000
In force from: 28 July 2000
Extent: S

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

These Regulations revoke and re-enact with changes the Animals and Animal Products (Import and Export) Regulations 1998 (S.I. 1998/190). The Regulations include new provisions at regulations 7(4) (requirements for the transport of cattle and pigs), 8(4) (requirements for dealers in cattle and pigs) and 12(1) to (4) (requirements on operators of assembly centres for the purpose of intra-Community trade), which arise from new Community measures for intra-Community trade in cattle and pigs contained in Council Directive 64/432/EEC as amended (see Council Decision 97/12/EC (O.J. No. L 109, 25.4.97, p.1)). They also implement the following Community measures which were omitted from the Animals and Animal Products (Import and Export) Regulations 1998 or have been adopted since those Regulations were made. Community measure Reference in these Regulations Veterinary Checks on imports from third countries Council Directive 97/78/EC (O.J. No. L 24, 30.1.98, p.9) Schedule 1 paragraph 1 Council Directive 89/662/EEC (O.J. No. L 395, 30.12.1989, p.13) Schedule 1 paragraph 2 Council Directive 90/424/EEC (O.J. No. L 224, 18.08.1990, p.19) Council Directive 90/425/EEC (O.J. No. L 224, 18.08.1990, p.29) Commission Decision 97/794/EC (O.J. No. L323, 26.11.97, p.31) Bovine animals and swine Council Directive 97/12/EC (O.J. No. L 109, 25.4.97, p. 1) Schedule 3 paragraph 1 Council Directive 98/46/EC (O.J. No. L 198, 15.7.98, p. 22) Council Directive 98/99/EC (O.J. No. L 358, 31.12.98, p.107) Commission Decision 98/362/EC (O.J. No. L 163, 6.6.98, p.48) Commission Decision 98/548/EC (O.J. No. L 263, 26.9.98, p.35) Commission Decision 98/621/EC (O.J. No. L 296, 5.11.98. p.15) Commission Decision 99/384/EC (O.J. No. L 146, 11.6.99, p.52) Commission Decision 99/399/EC (O.J. No. L 150, 17.6.99, p.32) Commission Decision 99/579/EC (O.J. No. L 219, 19.8.99, p.53) Animal waste Council Directive 92/118/EEC (O.J. No. L 62, 15.3.93, p.49) Schedule 3 paragraph 7 Council Decision 92/562/EEC (O.J. No. L 359, 9.12.92, p.23) Commission Decision 99/534/EC (O.J. No. L 204, 4.8.99, p.37) Fish Farmed Fish Commission Decision 99/489/EC (O.J. No. L 190, 23.7.99, p.41) Schedule 3 paragraph 8 (1) Commission Decision 94/862/EC (O.J. No. L 352,31.12.94, p.72) Commission Decision 94/863/EC (O.J. No. L 352, 31.12.94, p.73) Commission Decision 94/864/EC (O.J. No. L 352, 31.12.94, p.74) Commission Decision 95/336/EC (O.J. No. L 195, 18.8.95, p.26) Commission Decision 95/352/EC (O.J. No. L 204, 30.8.95, p.13) Commission Decision 99/521/EC (O.J. No. L 199, 30.7.99, p73) Commission Decision 2000/173/EC (O.J. No. L 55, 29.2.2000, p74) and Commission Decision 2000/312/EC (O.J. No. L 104, 29.4.2000, p.80)) Commission Decision 99/550/EC (O.J. No. L 209, 7.8.99, p.39)) Commission Decision 99/556/EC (O.J. No. L 211, 11.8.99, p.50) Commission Decision 2000/172/EC O.J. No. L 5, 29.2.2000, p.71) Commission Decision 99/512/EC (O.J. No. L 195, 28.7.99, p.37)) Council Directive 97/79/EC (O.J. No. L 24, 30.1.98, p.31) Commission Decision 98/357/EC (O.J. No. L 162, 5.6.98, p.42) Commission Decision 98/359/EC (O.J. No. L 163, 6.6.98, p.43) Commission Decision 98/361/EC (O.J. No. L 163, 6.6.98, p.46) (as amended by Commission Decision 99/513/EC (O.J. No. L 195, 28.7.99, p.39) and Commission Decision 2000/187/EC (O.J. No. L 59, 4.3.2000, p.14) and Commission Decision 2000/311/EC (O.J. No. L 104, 29.4.2000, p.77)) Commission Decision 98/395/EC (O.J. No. L 176, 20.6.98, p.30) Council Directive 98/45/EC (O.J. No. L 189, 3.7.98, p.12) Commission Decision 99/567/EC (O.J. No. L 216, 14.8.99, p.13) Commission Decision 2000/171/EC (O.J. No. L 55, 29.2.2000, p.70) Commission Decision 2000/173/EC (O.J. No. L 55, 29.2.2000 p.74) Commission Decision 2000/174/EC (O.J. No. L 55, 29.2.2000, p.77) Commission Decision 2000/188/EC (O.J. No. L 59, 4.3.2000, p17) Commission Decision 2000/310/EC (O.J. No. L 104, 29.4.2000, p.76) Commission Decision 2000/312/EC (O.J. No. L 104, 29.4.2000, p.80) Fish other than farmed fish Council Directive 91/493/EEC (O.J. No. L 268, 24.9.91, p.15) Schedule 3 paragraph 8(2) Council Directive 92/48/EEC (O.J. No. L 187, 7.7.92, p.41) Council Directive 95/71/EC (O.J. No. L 332, 30.12.95, p.40) Live bivalve molluscs Council Directive 91/492/EEC (O.J. No. L 261, 24.9.91, p.1) Schedule 3 paragraph 8(3) Council Directive 97/61/EC (O.J. No. L 295, 29.10.97, p35) Ovine and caprine Commission Decision 97/315/EC (O.J. No. L 137, 28.5.97, p.20) Schedule 3 paragraph 9 Pure-bred animals of the bovine species Commission Decision 96/80/EC (O.J. No. L 19, 25.1.96, p.50) Schedule 3 paragraph 12 Commission Decision 96/510/EC (O.J. No. L 210, 20.8.96, p.53) Breeding animals of the porcine species Commission Decision 96/510/EC (O.J. No. L 210, 20.08.1996, p.53) Schedule 3 paragraph 13 Pure-bred breeding sheep and goats Commission Decision 96/510/EC (O.J. No. L 210, 20.08.1996, p.53) Schedule 3 paragraph 14 Equidae Commission Decision 96/78/EC (O.J. No. L 19, 25.1.96, p.39) Schedule 3 paragraph 12 Commission Decision 96/79/EC (O.J. No. L 19, 25.1.96, p.41) Commission Decision 96/510/EC (O.J. No. L 210, 20.08.1996, p.53) Third countries from which member States may authorise certain imports Commission Decision 98/594/EC (O.J. No. L 286, 23.10.98, p.53) Schedule 5 paragraph 1 Commission Decision 99/228/EC (O.J. No. L 83, 27.3.99, p.77) Commission Decision 99/236/EC (O.J. No. L 87, 31.2.99, p.13) Commission Decision 99/558/EC (O.J. No. L 211, 11.8.99, p.53) Commission Decision 99/759/EC (O.J. No. O.J. No. L 300, 23.11.99, p.30) Commission Decision 00/02/EC (O.J. No. L 1, 4.1.00, p.17) Commission Decision 96/628/EC (O.J. No. L 282, 1.11.96, p.73) Commission Decision 97/232/EC (O.J. No. L 93, 8.4.97, p.43) Commission Decision 99/541/EC (O.J. No. L 207, 6.8.99, p.31) Bovine, Ovine and caprine animals and swine from third countries Commission Decision 94/453/EC (O.J. No. L 187, 22.7.94, p.11) Schedule 5 Part II paragraph 1 Commission Decision 98/372/EC (O.J. No. L 170, 16.6.98, p.16-33) Commission Decision 98/505/EC (O.J. No. L 226, 13.8.98, p.50) Commission Decision 99/539/EC (O.J. No. L 207, 6.8.99, p.26) Temporary admission of registered horses Commission Decision 98/360/EC (O.J. No. L 163,6.6.98, p.44) Schedule 5 Part II paragraph 4 Commission Decision 98/594/EC (O.J. No. L 286, 23.10.98, p.53) Commission Decision 99/228/EC (O.J. No. L 83, 27.3.99, p.77) Commission Decision 99/613/EC (O.J. No. L 24,15.9.99, p.12) Registered horses for racing etc Commission Decision 98/360/EC (O.J. No. L 163, 6.6.98, p.44) Schedule 5 Part II paragraph 5 Commission Decision 98/567/EC (O.J. No. L 276, 13/10.98, p.11) Commission Decision 98/594/EC (O.J. No. L 286,23.10.98, p.53) Commission Decision 99/228/EC (O.J. No. L 83,27.3.99, p.77) Commission Decision 99/558/EC (O.J. No. L 211,11.8.99, p.53) Equidae for slaughter Commission Decision 98/360/EC (O.J. No. L 163, 6.6.98, p.44) Schedule 5 Part II paragraph 6 Commission Decision 99/228/EC (O.J. No. L 83, 27.3.99, p.77) Equidae for breeding and production Commission Decision 98/360/EC (O.J. No. L 163, 6.6.98, p.44) Schedule 5 Part II paragraph 7 Commission Decision 98/594/EC (O.J. No. L 286, 23.10.98, p.53) Commission Decision 99/228/EC (O.J. No. L 83, 27.3.99, p.77) Commission Decision 99/236/EC (O.J. No. L 87, 31.3.99, p.13) Commission Decision 99/252/EC (O.J. No. L 96, 10.4.99, p.31) Commission Decision 99/613/EC (O.J. No. L 243, 15.9.99, p.12) Poultry Commission Decision 96/482/EC (O.J. No. L 196, 7.8.96, p.13) Schedule 5 Part II paragraph 8 Commission Decision 96/483/EC (O.J. No. L 196, 7.8.96, p.28) Commission Decision 96/628/EC (O.J. No. L 282, 1.11.93, p.73) Bovine and porcine animals from Hungary, Poland, Bulgaria, Romania, Latvia, Slovenia, Lithuania, Estonia, Croatia, the Slovak Republic and the Czech Republic Commission Decision 98/372/EC (O.J. No. L 170, 16.6.98, p.34) Schedule 5 Part II paragraph 9 Commission Decision 99/539/EC (O.J. No. L 207, 6.8.99, p.26) Ovine and caprine animals Commission Decision 97/232/EC (O.J. No. L 93, 8.4.97, p.43) Schedule 5 Part II paragraph 13

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Animals and Animal Products (Import and Export) (Scotland) Regulations 2000 Every offence this instrument creates, and its explanatory note
Dogs, animals, hunting and wildlifeOther offences on the same subject
Offences created in 2000