UK Offence Report

Prohibition on import

regulation 3(3) of The Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) (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

3 Any person who knowingly contravenes paragraph (1)(a) shall be guilty of an offence and liable on summary conviction to

a fine not exceeding level

5 on the standard scale or to imprisonment for

a term not exceeding three months.

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 This is the text as originally made; later amendments are not shown here.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

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: knowingly.

What would breach regulation 3(3)?

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 knowingly contravenes paragraph (1)(a).
  2. Doing the thing the provision prohibits under the Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) (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
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
3 months

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
1 June 2005
In force from
2 June 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 extend to Scotland only, implement Commission Decision 2005/402/EC on emergency measures regarding chilli, chilli products, curcuma and palm oil (O.J. No. L 135, 28.5.05, p.34) (“the new Decision”). The new Decision repealed Commission Decision 2004/92/EC on emergency measures regarding chilli and chilli products (O.J. No. L 27, 30.1.04, p.52). These Regulations replace the Food (Chilli and Chilli Products) (Emergency Control) (Scotland) Regulations 2004 (S.S.I. 2004/59) which implemented Commission Decision 2004/92/EC. The differences between the new Decision and Commission Decision 2004/92/EC are that– a the new Decision extends the emergency measures to apply to curcuma and palm oil in addition to dried and crushed or ground chillies and curry powder; and b the new Decision requires that the analytical report accompanying the consignment must be endorsed by a representative of the relevant competent authority. The Regulations– a prohibit the importation of chilli, chilli products, curcuma and palm oil except where they are accompanied by an analytical report endorsed by a representative of the relevant competent authority, demonstrating that the product does not contain any of the prohibited substances Sudan I, Sudan II, Sudan III, Scarlet Red or Sudan IV (regulation 3); b prohibit the placing on the market of chilli, chilli products, curcuma or palm oil which contain a prohibited substance (regulation 4); c provide for their enforcement (regulation 5); d apply with modifications certain provisions of the Food Safety Act 1990 for the purposes of the Regulations and provide for sampling and analysis (regulation 6); e provide for the destruction of chilli, chilli products, curcuma and palm oil which contravene the conditions of import or are illegally placed on the market (regulation 7); f make provision as to the payment of the cost of analysis, storage and destruction of products incurred by the local authority under the Regulations (regulation 8); and g revoke the Food (Chilli and Chilli Products) (Emergency Control) (Scotland) Regulations 2004 (regulation 9). The CN codes referred to in the definitions of “chilli”, “chilli products”, “curcuma” and “palm oil” are the code numbers of the combined nomenclature established by Regulation (EEC) No. 2658/87 on the tariff and statistical nomenclature and on the customs tariff (O.J. No. L 256, 7.9.87, p.1). No regulatory impact assessment has been prepared in relation to these Regulations.

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