UK Offence Report

Offences and penalties

regulation 7(1) of The Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (Scotland) Regulations 2005 (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

1 Any person who contravenes regulation

6 shall be guilty of an offence and shall be liable–

a on summary conviction, to

a fine not exceeding the statutory maximum or to imprisonment for

a term not exceeding three months or to both; or

b on conviction on indictment, to

a fine or to imprisonment for

a term not exceeding two years or to both.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 7(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 contravenes regulation 6.
  2. Doing the thing the provision prohibits under the Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (Scotland) Regulations 2005, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

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.

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
19 April 2005
In force from
11 May 2005
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, which apply in relation to Scotland only, amend the Bovines and Bovine Products (Trade) Regulations 1999 (S.I. 1999/1103, as amended by S.I. 1999/1554, S.S.I. 2000/62, 2000/184 and 2002/449 – “the BBPTR”). The BBPTR give effect to Commission Decisions 98/692/EC (O.J. No. L 328, 4.12.98, p.28) and 98/564/EC (O.J. No. L 273, 9.10.98, p.37) which amended Council Decision 98/256/EC (O.J. No. L 113, 15.4.98, p.32). The Regulations amend the BBPTR to– lift the prohibition on the production of collagen derived from the hides and skins of bovine animals slaughtered in the United Kingdom and intended for human consumption in the United Kingdom (regulations 3 and 4). The prohibition on export of such collagen from Great Britain remains in force (regulation 4 of the BBPTR); and make consequential amendments to regulations 6(9) and 9(3) to enable use of such collagen in products for human consumption in the United Kingdom (regulations 4 and 5). The Regulations also impose requirements on the production of collagen derived from the hide and/or skin of a bovine animal slaughtered in the United Kingdom and intended for human consumption in the United Kingdom until 1st January 2006 (regulation 6). The Regulations apply to such domestic production requirements that reflect those which, under Council Directive 92/118/EEC apply to production of collagen for human consumption for intra–Community trade. The Regulations– apply requirements relating to raw materials and establishments supplying them, transport and storage of raw materials, establishments producing collagen, manufacture of collagen, finished products, and wrapping, packaging, storage and transport of collagen intended for human consumption in the United Kingdom (Schedule, Part 1); require establishments producing collagen and collection centres and tanneries supplying the raw materials for such production to be authorised in accordance with regulations 4 and 5 of the Collagen and Gelatine (Intra–Community Trade) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/568) which implement the requirements of Commission Decision 2003/721/EC amending Council Directive 92/118/EEC (Schedule, Part 1); and provide that contravention of the requirements of regulation 6 is an offence, specify penalties for that offence, apply certain provisions of the Food Safety Act 1990 (1990 c. 16, amended by S.I. 2004/2990) for the purposes of regulations 6 and 7 and provide for the enforcement of regulation 6 by the relevant food authority (and/or the Scottish Ministers) (regulations 7, 8 and 9). 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 0.92.

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