Obstruction
regulation 5(1) of The BSE Monitoring (Scotland) Regulations 2001 (revoked)
- Status not determined
- Requires proof of a state of mind
- Either way
- Education, social security, pensions and public services
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–
a intentionally obstructs any person acting in the execution of these Regulations;
b without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purpose of carrying out functions under these Regulations; or
c furnishes to any person acting in the execution of these Regulations any information which is known by that person to be false or misleading in
a material particular, 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 This is the text as originally made; later amendments are not shown here.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
- obstructing an official exercising a power
- Fault element
- Requires proof of a state of mind
- Burden of proof
- No statutory defence — prosecution proves everything
The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally).
The provision states no defence, so the prosecution bears the burden on every element of the offence.
Classifier’s reasoning: mens rea word in the offence-creating words: intentionally.
What would breach regulation 5(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.
- Refusing to let an inspector onto premises they are entitled to enter under the BSE Monitoring (Scotland) Regulations 2001.
- Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
- Physically blocking an examination, or removing something an officer has said they intend to inspect.
Penalty
- Mode of trial
- Either way — magistrates’ court or Crown Court
- Maximum fine
- £5,000
- Maximum prison (summary)
- 3 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.
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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
- 13 June 2001
- In force from
- 1 July 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 provision for the purpose of dealing in Scotland with the obligations in Article 1.2 of Commission Decision 2000/764/EC on the testing of bovine animals for the presence of bovine spongiform encephalopathy and amending Decision 98/272/EC on epidemio-surveillance for transmissible encephalopathies and Commission Decision 2001/233/EC amending Decision 2000/418/EC as regards mechanically recovered meat and bovine vertebral column. These require member States to ensure that certain categories of bovine animals over 30 months of age are examined in accordance with prescribed minimum requirements for monitoring BSE. The Regulations require the person in possession or in charge of a notifiable bovine animal (defined in regulation 2 as a bovine animal aged over 30 months of age which dies on any farm or in transit or which has been killed otherwise than for human consumption) to notify the death to the Scottish Ministers or an agent appointed for that purpose. Related amendments for the purpose of dealing with this obligation are made to article 11 of the Bovine Spongiform Encephalopathy (No. 2) Order 1996, to the Cattle Identification Regulations 1998 and to the Cattle (Identification of Older Animals) (Scotland) Regulation 2001. The Regulations provide powers of entry, examination and search, offences and penalties and enforcement. A Regulatory Impact Assessment for these Regulations has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from SEERAD, Robb’s Loan, Edinburgh, EH14 1TY.
Read the full note and every offence in this instrument
Other offences in the same instrument
- Any person who, without lawful authority or excuse, proof of which shall lie on that person– a contravenes…regulation 6(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 BSE Monitoring (Scotland) Regulations 2001 (revoked) Every offence this instrument creates, and its explanatory note
- Education, social security, pensions and public servicesOther offences on the same subject
- Offences created in 2001