UK Offence Report

Offence of unauthorised access to stock areas in market premises

article 6A of The Disease Control and Animal Movements (Interim Measures) (Scotland) Amendment Order 2002

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

6A Any person taking access to alleys, pens, sale rings and loading banks of the stock area within market premises who has not been permitted such access by the person holding

a market under article 6, or who has been permitted such access but does not comply with the conditions of such access specified in paragraph

3 of Schedule 2, commits an offence against the Act.

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 This is the text as originally made; later amendments are not shown here.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 article 6A?

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 has been permitted such access but does not comply with the conditions of such access specified in paragraph 3 of Schedule 2.
  2. Doing what the provision prohibits, or failing to do what it requires under the Disease Control and Animal Movements (Interim Measures) (Scotland) Amendment Order 2002.

Penalty

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

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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
Revoked
Revoked by
The Disease Control (Interim Measures) (Scotland) Amendment Order 2003
Revoked on
31 March 2003
Made
8 May 2002
In force from
9 May 2002
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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order principally amends the Disease Control (Interim Measures) (Scotland) Order 2002 (“the principal Order”). It amends the 20-day standstill on the movement of animals contained in articles 3, 4 and 5 of the principal Order, as follows. It permits the movement of animals to premises if those animals return from slaughterhouses (article 2(2)(a)). It permits the movement of animals from premises to shows and exhibitions (under certain restrictions) to places for veterinary treatment or research or to artificial insemination centres. It further permits those animals to be returned to the holding from which they came without applying the standstill to the animals on the holding to which they are returned (article 2(3)(d)). It also extends the common grazings exemption in article 4(l) of the principal Order to animals subject to that Order other than sheep, and amends the exemptions for the movement of a camelid and away wintering (article 2(3)(c) and (d)). It brings the movements of pigs within the restrictions of the principal Order and permits the movement of pigs on the same conditions (including separation conditions) as cattle (article 2(2)(b) and (3)(a)). The Order also creates a specific offence of taking unauthorised access to a stock area in market premises regulated by the principal Order (article 2(4)). Such access may only be authorised in accordance with the requirements of paragraph 3 of Schedule 2 to the principal Order. Article 2(3)(b) and (6) correct drafting defects in the principal Order. This Order makes amendments relative to the changes to the standstill measures in relation to pigs contained in article 2(2)(b) and (3)(a), and further minor amendments, to the forms of declaration contained in Schedules 2, 3, 4, 6 and 7 to the Pigs (Records, Identification and Movement) Order 1995 (article 3), as formerly substituted into that Order by the principal Order. This Order also makes a clarifying amendment to article 4 of the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002 which makes provision for the maximum number of eartags in connection with the requirement to have a movement eartag applied under certain circumstances (article 4). A breach of the terms of the principal Order or of a licence issued thereunder constitutes an offence under the Animal Health Act 1981. A Regulatory Impact Assessment has not been prepared for this Order.

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 “commits 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