UK Offence Report

Obstruction

regulation 16 of The Poultrymeat (Scotland) Regulations 2011

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

16 A person commits an offence if that person—

a intentionally obstructs an authorised officer acting in the execution of these Regulations;

b fails without reasonable excuse to give to an authorised officer any assistance or information the officer may reasonably require for the performance of functions under these Regulations;

c fails without reasonable excuse to comply with

a direction given under regulation11(2), (8) or (9);

d fails without reasonable excuse to comply with

a regulation11(7) notice;

e intentionally furnishes any false or misleading information to an authorised officer; or

f fails without reasonable excuse to produce

a document or record when required to do so by an authorised officer.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

ficer acting in the execution of these Regulations; b fails without reasonable excuse to give to an authorised officer any assistance or information the officer may reasonably require for the performance of functions under these Regulations; c fails without reasonable excuse to comply with a direction given under regulation11(2), (8) or (9); d

What would breach regulation 16?

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. Refusing to let an inspector onto premises they are entitled to enter under the Poultrymeat (Scotland) Regulations 2011.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

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
7 September 2011
In force from
10 October 2011
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 enforcement and execution of directly applicable European marketing standards relating to poultrymeat. These Regulations revoke the Poultry Meat (Water Content) (Scotland) Regulations 1983 (S.I.1983/1372), the Poultry Meat (Water Content) (Scotland) Amendment Regulations 1984 (S.I.1984/1576) and parts of the Food Safety Act 1990 (Consequential Modifications) (Scotland) Order 1990 (S.I.1990/2625). They also make consequential amendment to the Food Safety (Sampling and Qualifications) Regulations 1990 (S.I.1990/2463). They make the failure to comply with the provisions of Council Regulation (EC) No1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L299 16.11.2007, p.1) (“the Single CMO Regulation”) and Commission Regulation (EC) No543/2008 (OJ L157 17.6.2008, p.46) mentioned in Schedule1 (provisions relating to the marketing of poultrymeat) an offence (regulation3 and Schedule1). They make provision in relation to the registration of slaughterhouses and producers as required by Article12 of Commission Regulation (EC) No543/2008 (regulation4) and provide for appeals against a decision to refuse such a registration and a decision to cancel such a registration (regulations5 and 6). They provide for the payment of fees in relation to water content checks carried out by the Food Standards Agency or food authority (regulation7 and Schedule2). They provide for enforcement (regulations8 and 9). They confer powers of entry (regulation10) and other powers including seizure and destruction powers (regulations 11 and 12). There is also provision for the issue of a compliance notice by an authorised officer (regulation13) and for an appeal against compliance notices (regulations14 and 15). They make obstruction of an authorised officer an offence (regulation16) and offences under these Regulations are punishable on summary conviction by a fine not exceeding level5 on the standard scale (regulation17). They provide for an extended period for bringing prosecutions (regulation 18), and for offences by bodies corporate (regulation 19). There is a notice provision (regulation 20) and various provisions of the Food Safety Act 1990 are applied (regulation21). A Business and Regulatory Impact Assessment has been prepared. Copiesmay be obtained from the Scottish Government, Rural and Environmental Directorate, B1 Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD and online at www.legislation.gov.uk. Copies have been placed in the Scottish Parliament Information Centre.

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 “commits 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