UK Offence Report

Penalties

regulation 13 of The Foot-and-Mouth Disease (Export Restrictions) (Scotland) (No. 2) 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

13 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 This is the text as originally made; later amendments are not shown here.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 13?

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 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
13 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) (No. 2) 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 2007/833/EC dated 13th December 2007. The Principal Decision as most recently amended provides for a prohibition on the export from the United Kingdom of FMD susceptible animals and genetic material coming from a high risk area for disease control purposes, and for derogations enabling the member State to authorise the dispatch or export of certain categories of animal and material. The prohibitions are to have effect until 31st December 2007. These Regulations give effect to the prohibitions for Scotland, and exercise the derogations provided for by the principal Decision. The high risk area is, for the purpose of these Regulations, the restricted area as specified by article 2 and Schedule 1. These Regulations provide in particular for prohibitions and restrictions on– export from Scotland of live animals (regulation 3), the export of semen, ova or embryos of bovine, ovine, caprine, porcine and other biungulate animals from the restricted area (regulation 4), The prohibitions on dispatch under these Regulations do not apply to certain animals or material as specified in the applicable regulations. They create an offence of offering to export anything which it is prohibited to export under the Regulations (regulation 5). They provide for things done elsewhere in the British Islands to be treated for certain purposes as if done in Scotland (regulation 6). They provide for sharing of information relating to these Regulations (regulation 7). They provide powers in respect of enforcement (regulations 8 and 9) and create offences of obstruction and providing false information (regulations 10 and 11). The Regulations are enforced by the Scottish Ministers or the local authority (regulation 14). 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