UK Offence Report

1 Any person who fails to comply with any requirement of regulations 3 to 17 above shall be guilty of an…

regulation 19(1) of The Sheep and Goats Identification (Scotland) Regulations 2000

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 Any person who fails to comply with any requirement of regulations 3 to 17 above 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 This is the text as originally made; later amendments are not shown here.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 19(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. On these words an offence is committed where a person fails to comply with any requirement of regulations 3 to 17 above.
  2. Being served with a notice under the Sheep and Goats Identification (Scotland) Regulations 2000 and doing nothing by the date it specifies.
  3. Doing part of what the notice requires, where it required all of it.
  4. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

Penalty

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

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
23 November 2000
In force from
1 January 2001
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

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

These Regulations make provisions for records concerning sheep and goats and for the marking of sheep and goats. They implement the provisions relating to sheep and goats of Council Directive 92/102/EEC (O.J. No. L 355, p.32, 5.12.1992) on the identification and registration of animals. The Regulations require a person, who keeps sheep and goats and who has not given notification before, to notify the Scottish Ministers, and the Scottish Ministers allocate to keepers a flockmark in case of sheep and a herdmark in case of goats (regulation 3). The Regulations require anyone keeping sheep or goats to keep movement records. Sheepmeat producers who are granted premium under Council Regulation 3493/90/EEC laying down general rules for the grant of premium to sheepmeat and goatmeat producers (O.J. No. L 337, 4.12.90, p.7) are required to keep additional records relating to specified events (regulations 4 to 6). The Regulations make provision for marking sheep and goats either by an eartag or by a tattoo. Subject to certain exceptions and transitional provisions, marking is required for all sheep and goats born or first moved off the holding of birth after the coming into force of the Regulations, and for all sheep and goats imported into Scotland from outside the European Union (regulations 7 and 8). The Regulations prohibit bringing sheep or goats into Scotland from another Member State or from another part of the British Islands, unless they are marked in accordance with the legislation in force in those places (regulations 9 and 10). The Regulations require marking sheep and goats when they are consigned to a destination outside Great Britain (regulation 11). They provide for marking sheep or goats with a temporary mark when moved to a destination within Great Britain and provide for documentation to be carried during such movements, both subject to certain exceptions (regulations 12 and 13). The Regulations contain detailed rules about eartags and tattoos and make provision for replacement and removal of eartags and tattoos, the alteration of eartags and tattoos, and the application of additional eartags and tattoos (regulations 14-17). The Regulations deal with powers of inspectors, offences, penalties and prosecution (regulations 18-22). They amend the Sheep Annual Premium Regulations 1992, S.I. 1992/2677 (regulation 23). They revoke the Sheep and Goats (Records, Identification and Movement) Order 1996, (S.I. 1996/28) but save the provisions requiring the retention of records kept in accordance with that Order and make transitional provision (regulation 24). A regulatory impact assessment has been prepared and placed in the Information Office of the Scottish Parliament. Copies can be obtained from Rural Affairs Department, Pentland House, 47 Robbss Loan, Edinburgh EH14 1TY.

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 0.92.

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