UK Offence Report

Restriction on first placing on the market of rice products

regulation 3(2) of The Rice Products (Restriction on First Placing on the Market) (Scotland) Regulations 2006 (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 Any person who knowingly contravenes the prohibition in paragraph (1) is guilty of an offence and liable on summary conviction to

a fine not exceeding level

5 of the standard scale, to imprisonment for

a term not exceeding three months 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 This is the text as originally made; later amendments are not shown here.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
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(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. On these words an offence is committed where a person knowingly contravenes the prohibition in paragraph (1).
  2. Doing the thing the provision prohibits under the Rice Products (Restriction on First Placing on the Market) (Scotland) Regulations 2006, 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
Not determined
Maximum prison (summary)
3 months

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
8 November 2006
In force from
10 November 2006
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 implement in relation to Scotland Commission Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism “LL RICE 601” in rice products (O.J. No. L 244, 7.9.2006, p.37) as amended by Commission Decision 2006/754/EC amending Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism “LL RICE 601” in rice products (O.J. No. L 306, 7.11.2006, p.17) (“the Commission Decision”). These Regulations– a prohibit the first placing on the market of any “rice product” (defined in regulation 2(1)), except where it is accompanied by an original analytical report satisfying specified requirements and confirming that the product does not contain the genetically modified rice “LL RICE 601 and official sampling and analysis carried out in accordance with the Commission Decision, and set out specific requirements for split consignments up to and including the wholesale stage (regulation 3(1)); b provide that a person who knowingly contravenes the prohibitions set out in the Regulations is guilty of an offence and prescribe penalties for that offence (regulation 3(2)); c provide for the enforcement of the Regulations (regulation 4); and d make provision for the recovery of costs (regulation 5); e apply with modifications certain provisions of the Food Safety Act 1990 for the purposes of the Regulations (regulation 6). No regulatory impact assessment has been prepared in relation to 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