UK Offence Report

Penalties

regulation 30 of The Foot-and-Mouth Disease (Export and Movement Restrictions) (Scotland) (No. 2) Regulations 2007 (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

30 A person contravening any provision of these Regulations is guilty of an offence and liable–

a on summary conviction, to

a fine not exceeding the statutory maximum or to imprisonment not exceeding three months, or to both;

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 This is the text as originally made; later amendments are not shown here.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
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 regulation 30?

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. Doing what the provision prohibits, or failing to do what it requires under the Foot-and-Mouth Disease (Export and Movement Restrictions) (Scotland) (No. 2) Regulations 2007.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£10,000
Maximum prison (summary)
Not determined
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
5 December 2007
In force from
Not determined
Extent
Not stated

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 revoke and re-make with amendments the Foot-and-Mouth Disease (Export and Movement Restrictions) (Scotland) Regulations 2007. They implement Commission Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom dated 9th August 2007 (“the principal Decision”), as amended most recently by Commission Decision 2007/796/EC dated 5th December 2007. The Principal Decision provides for a prohibition on the dispatch of FMD susceptible animals from Great Britain, for a prohibition on the dispatch from the United Kingdom of animal products derived from such animals from a high risk area, and for derogations enabling the member State to authorise the dispatch or export of certain categories of animal and product. These Regulations give effect to the prohibitions for Scotland, and exercise the derogations provided for by the principal Decision. Regulation 2 of these Regulations defines “the Decision” as the principle Decision as amended from time to time. Regulation 2 also defines a “restricted area” by reference to the high risk area specified in Annex I to the principle Decision. The restricted area for the purpose of these Regulations is therefore comprised of the areas specified in Annex I of the principal Decision, as amended from time to time. The restricted area at the date these Regulations come into force is set out in the following table: 1 2 3 GROUP ADNS Administrative Unit “ADNS” as specified in column 2 of the table means the Animal Disease Notification System under Commission Decision 2005/176/EC of 1st March 2005 laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC. England 41 Bracknell Forest Borough 66 Slough 76 Windsor and Maidenhead 77 Wokingham 138 Buckinghamshire County, the districts of: South Buckinghamshire 148 Hampshire County, the districts of: Hart Rushmoor 163 Surrey 168 Greater London Authority, the boroughs of: Hillingdon Hounslow Richmond upon Thames Kingston upon Thames Ealing Harrow Brent Hammersmith and Fulham Wandsworth Merton Sutton Information about amendments made by the Commission to Annex I, and therefore about the extent from time to time of the restricted area for the purpose of these Regulations, will be published on the Scottish Government website at: www.scotland.gov.uk/Topics/Agriculture/animalwelfare/Diseases/SpecificDisease/FootAndMouthDisease/FMDcurrentsitu. These Regulations also provide for prohibitions and restrictions on– the movement to, dispatch from, transit through, and export from Scotland of live animals (regulations 8 and 9), the export of meat from bovine, ovine, caprine, porcine and other biungulate animals from the restricted area (regulations 10 to 13), the export of meat products, milk and dairy products from the restricted area (regulations 14, 17 and 18), the export of semen, ova or embryos of bovine, ovine, caprine, porcine and other biungulate animals from the restricted area (regulation 19), the export of hides and skins from the restricted area (regulation 20), and the export of certain animal products from the restricted area (regulation 21). The prohibitions on dispatch under these Regulations do not apply to certain animals or products as specified in the applicable regulations. Further, the prohibition does not apply to products produced outside the United Kingdom that remain in their original packaging, or produced in the United Kingdom from pre-processed products originating elsewhere (regulation 22). They create offences relating to personal export and of offering to export anything which it is prohibited to export under the Regulations (regulations 23 and 24). They provide for the cleansing and disinfection of vehicles used to transport live animals susceptible to foot-and-mouth disease (regulation 15). They provide powers in respect of enforcement (regulations 25 and 26) and create offences of obstruction and providing false information (regulations 27 and 28). They provide for sharing of information relating to these Regulations (regulation 6). The Regulations are enforced by the Scottish Ministers or the local authority (regulation 31). Breach of the Regulations is an offence, punishable– a on summary conviction, to a fine not exceeding the statutory maximum of £5000 or to imprisonment not exceeding three months or to both; b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. A regulatory impact assessment has not been prepared for 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