UK Offence Report

Movement of animals

paragraph 4(2) of SCHEDULE 1 of The Cattle Identification (Scotland) Regulations 2007

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 Subject to sub paragraph (3), any person who moves from

a holding an animal not bearing

a means of identification that should have been applied in accordance with previous cattle tagging legislation is guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
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 paragraph 4(2) of SCHEDULE 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 moves from a holding an animal not bearing a means of identification that should have been applied in accordance with previous cattle tagging legislation.
  2. Doing what the provision prohibits, or failing to do what it requires under the Cattle Identification (Scotland) Regulations 2007.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

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
6 March 2007
In force from
6 April 2007
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 make provision for the administration and enforcement of– Commission Regulation (EC) No. 494/98 laying down detailed rules for the implementation of Council Regulation (EC) No. 820/97 as regards the application of minimum administrative sanctions in the framework of the system for the identification and registration of bovine animals; Commission Regulation (EC) No. 509/1999 concerning an extension of the maximum period laid down for the application of ear-tags to bison (Bison bison spp.); Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef products and repealing Council Regulation (EC) No. 820/97; Commission Regulation (EC) No. 911/2004 implementing Regulation (EC) No. 1760/2000 of the European Parliament and of the Council as regards ear tags, passports and holding registers; and Commission Regulation (EC) No. 644/2005 authorising a special identification system for bovine animals kept for cultural and historical purposes on approved premises as provided for in Regulation (EC) No. 1760/2000 of the European Parliament and of the Council. They consolidate and revoke the following instruments, and their amending instruments– a the Bovine Animals (Records, Identification and Movement) Order 1995; b the Cattle Identification Regulations 1998; c the Cattle Database Regulations 1998; and d the Cattle (Identification of Older Animals) Regulations 2000. In addition to consolidating existing legislation they introduce changes, the principal of which are– a an extension of the period within which bison must be tagged after birth; b the creation of an offence of transferring ear tags between animals; c changing the fee payable for replacement passports; and d the use of temporary cattle passports is no longer allowed. Regulation 3 provides that the Scottish Ministers may enter agency agreements with other competent authorities. Regulation 4 provides for notification by keepers. Regulation 9 provides for the imposition of a charge for providing information from the Cattle Tracing System data base. Regulations 10 and 11 identify the powers available to inspectors for the purposes of administration and enforcement. Regulation 12 provides for the slaughter of animals without identification. Regulations 13 to 17 relate to obstruction, offences and enforcement by the local authority. Paragraph 1 provides for the application of identification in the form of ear tags on the birth of an animal. Paragraph 2 provides for the application of ear tags to animals imported from outside the European Community. Paragraph 3 contains an exception for animals kept for cultural or historical purposes. Paragraph 4 makes it an offence to move animals not bearing identification from a holding. Paragraph 5 makes it an offence to remove or replace an eartag without permission and sets out rules for the application of replacement identification where the original has been removed or lost or become illegible. Paragraph 6 relates to the approval of ear tags by the Scottish Ministers and paragraph 7 allows bar codes to be added. Paragraphs 8 to 11 are offence provisions relating to the consignment of animals to another member State, the application of an animal’s individual identification code to a different animal, alteration of information on ear tags and storage of ear tags. Paragraph 12 identifies the logo for approved ear tags. Paragraphs 1 to 3 provide for notification of the birth of an animal or its arrival in Scotland, notification of movement to or from a holding and notification of the death of an animal. Paragraphs 1 to 13 are general provisions relating to identification documents. Paragraph 1 provides that keepers must apply for cattle passports on the birth of an animal and sets out time limits. Paragraphs 2 and 3 relate to applications for cattle passports for animals from other member States and animals from outside the European Community. Paragraphs 4 to 6 relate to method of application, issue and retention of cattle passports. Paragraphs 7 to 9 provide for the application for and issue of replacement identification documents. Paragraph 10 relates to the surrender of identification documents for animals who are lost or stolen. Paragraph 11 provides for surrender of identification documents in the event of failure to comply with the Community legislation or these Regulations. Paragraphs 12 and 13 are offence provisions relating to alteration of information on identification documents and using an animal’s identification document for a different animal. Paragraphs 14 to 20 relate to the information to be entered on cattle passports when an animal is moved and to possession of identification documents. Paragraphs 14 and 16 provide for what must be done when animals are moved off a holding and on to a holding. Paragraph 15 provides that no person shall transport an animal without a cattle passport. Paragraphs 17 relates to imported animals, paragraph 18 relates to animals that are exported and paragraph 19 deals with animals in markets. Paragraph 20 prohibits the movement of animals with notices of registration except under the authority of a licence. Paragraph 21 provides for the issue of licences to allow animals without identification documents to be moved. Paragraph 1 provides that keepers of animals must keep registers and enter information for each animal relating to identification codes, birth, arrival from another holding, departure, death and identity of dam and that failure to comply is an offence. Paragraphs 2 and 3 are offence provisions relating to provision of information at the request of the Scottish Ministers and retention of records. A Regulatory Impact Assessment has not been produced for this instrument because it has no impact on the costs of business.

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