UK Offence Report

14 It shall be an offence for a person– a intentionally to obstruct an authorised person in the exercise of…

regulation 14 of The Extensification Payment (Scotland) Regulations 2002

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

14 It shall be an offence for a person– a intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 11 or 12; b without reasonable excuse, to fail to comply with a requirement made under regulation 12 or a request made under regulation 13; c knowingly or recklessly to submit a census declaration which is false or misleading in a material particular; or d knowingly or recklessly to make a statement or furnish any information which is false or misleading in a material particular where the statement is made or the information is furnished for the purpose of obtaining for that or any other person the grant of an extensification payment.

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 This is the text as originally made; later amendments are not shown here.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
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (for the purpose of obtaining, intentionally, knowingly, knowingly or recklessly, recklessly).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly, intentionally, recklessly, for the purpose of obtaining, knowingly or recklessly; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

the exercise of a power conferred by regulation 11 or 12; b without reasonable excuse, to fail to comply with a requirement made under regulation 12 or a request made under regulation 13; c knowingly or recklessly to submit a census declaration which is false or misleading in a material particular; or d knowingly or recklessly to make a statem

What would breach regulation 14?

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. Refusing to let an inspector onto premises they are entitled to enter under the Extensification Payment (Scotland) Regulations 2002.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

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.

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
7 June 2002
In force from
28 June 2002
Extent
Not stated

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 lay down, in relation to holdings in respect of which the Scottish Ministers are the competent authority for IACS purposes, implementing measures for the extensification payment scheme introduced by Article 13 of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal (O.J. No. L 160, 26.6.1999, p. 21) for beef producers who comply with certain stocking density requirements. The rules relating to administration provide for the two Community methods of checking stocking density (regulations 4 and 5), require producers to supply information in support of their claims (regulation 6), define “pasture land” for the purposes of the scheme (regulation 7), provide for withholding or recovery of extensification payments where there is a breach of the rules of the scheme (regulation 8) and provide for the relevant rate of interest on payments due (regulation 9). The enforcement provisions confer powers of entry and inspection on and permit collection of evidence by authorised persons (regulations 10 to 13). These include the powers required under Articles 15 to 29 of Commission Regulation (EC) No. 2419/2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes (O.J. No. L327, 12.12.01, p. 11). Regulations 14 to 16 deal with offences and penalties. No Regulatory Impact Assessment has been prepared in respect of these Regulations.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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