UK Offence Report

Offences and penalties

regulation 23(2) of The Organic Aid (Scotland) Regulations 2004 (revoked)

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

2 If any person intentionally obstructs an authorised person (or

a person accompanying an authorised person and acting under that authorised person’s instructions), in the exercise of the powers under regulation 17, that person shall be guilty of an offence and liable, on summary conviction, to

a fine not exceeding level

3 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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 23(2)?

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 Organic Aid (Scotland) Regulations 2004.
  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
24 March 2004
In force from
1 May 2004
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 apply to Scotland. They introduce a new organic aid scheme for Scotland approved by Commission Decision C (2004) 153 of 21 January 2004 (unpublished) and close the present organic aid scheme provided by the Organic Aid (Scotland) Regulations 1994 (S.I. 1994/1701 as amended by S.I. 1996/3083 and 1999/107) (“the 1994 Regulations”). The Regulations continue to make provision for the payment of aid to farmers who undertake to introduce organic farming methods (“conversion grant”) and introduce new payments of aid to farmers– a for capital items required to introduce organic farming methods (“capital grant”); b to use organic farming methods once aid for introducing such methods ceases (“maintenance grant”); and c to contribute to the cost of producing a conversion plan to apply for a conversion grant pursuant to Articles 22 to 24 of Council Regulation (EC) No. 1257/99 (O.J. No. L 160, 26.6.99, p.80 as amended by Council Regulation (EC) No. 1783/2003 O.J. No. L 270, 21.10.03, p.70) (“the Council Regulation”). The Regulations conform to the Commission Regulation (EC) No. 445/2002 (O.J. No. L 74, 15.3.02, p.1 as amended by Commission Regulation (EC) No. 567/2003 O.J. No. L 138, 5.6.03, p.32 and Commission Regulation (EC) No. 963/2003, O.J. No. L 82, 29.3.03, p.11) (“the Commission Regulation”) laying down detailed rules for the application of the Council Regulation and in particular Article 30 (transfer of holding), Article 33 (force majeure) Articles 35 and 36 (combination of aids) and Articles 62a, 63 and 64 (reimbursement of aid and penalties) of the Commission Regulation. The Regulations– a amend the payment rates for undertakings given under the 1994 Regulations (regulation 3); b enable the Scottish Ministers to make payments of conversion grants, capital grants and maintenance grants as well as a contribution towards the cost of creating a plan to introduce organic farming methods on the relevant land to those satisfying the conditions of the Regulations (regulation 4); c specify the conditions of eligibility to be satisfied by applicants for conversion grant (regulation 5); d set out the undertakings to be given by applicants for conversion grants (regulation 6 and Schedule 4); e set out the undertakings to be given by applicants for capital grant (regulation 7 and Schedule 1); f specify the conditions of eligibility to be satisfied by applicants for maintenance grant (regulation 8); g set out the undertakings to be given by applicants for maintenance grant (regulation 9 and Schedules 4 and 5); h specify the conditions for the participation of common grazings committees (regulation 10); i specify the requirements in relation to applications for aid and the documents to accompany such applications (regulation 11); j specify restrictions on the acceptance of applications by the Scottish Ministers (regulation 12); k set out how the Scottish Ministers will determine applications (regulation 13); l specify the period, method of payment of aid and rates (regulation 14 and Schedules 3, 6 and 7); m make provisions for phased conversions and phased entry into the maintenance part of the scheme (regulation 15 and Schedule 8); n make provision for payment of aid to a new occupant where there has been a change in the occupation of a farm or part due to the death of the previous occupier or otherwise (regulation 16); o confer on authorised persons powers of entry for the purposes of the Regulations and require that reasonable assistance be given to them for the exercise of these powers (regulation 17) p specify circumstances when the Scottish Ministers may withhold aid or recover payments already made (regulations 18 to 20) and interest (regulation 21) and how the Scottish Ministers may do so (regulation 22); q create offences and prescribe penalties (regulation 23); r set out how notices shall be served (regulation 24); s provide a right of appeal against withholding or recovery of aid (regulation 25); and t close the 1994 Regulations to new applications (regulation 26). Copies of the guidance from the Scottish Ministers– a for these Regulations; b on muirburn; and c on avoiding damage to or destruction of historic or archaeological features or areas may be obtained from local SEERAD offices. No Regulatory Impact Assessment has been completed for this instrument.

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