UK Offence Report

Obstruction

regulation 16 of The Bananas (Enforcement of Quality Standards) (Scotland) Regulations 2011 (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

16 A person is guilty of an offence if he or she—

a obstructs an authorised officer acting for the purpose of the enforcement of these Regulations, or

a person accompanying such an authorised officer under regulation 6(3);

b fails without reasonable excuse to give an authorised officer acting for the purpose of the enforcement of these Regulations any assistance or information or to provide any record or facilities that the authorised officer may reasonably require; or

c supplies to an authorised officer acting for the purpose of the enforcement of these Regulations, any information knowing it to be false or misleading.

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 This is the text as originally made; later amendments are not shown here.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 (knowing it to be).

“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: knowing it to be; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

g such an authorised officer under regulation 6(3); b fails without reasonable excuse to give an authorised officer acting for the purpose of the enforcement of these Regulations any assistance or information or to provide any record or facilities that the authorised officer may reasonably require; or c supplies to an authorised officer acting

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. On these words an offence is committed where a person or she— a obstructs an authorised officer acting for the purpose of the enforcement of these Regulations, or a person accompanying such an authorised officer under regulation 6(3).
  2. Refusing to let an inspector onto premises they are entitled to enter under the Bananas (Enforcement of Quality Standards) (Scotland) Regulations 2011.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

in Scotland a reference to a level is construed as referring to the standard scale as it currently stands (CP(S)A 1995 s.225(2)), not as it stood when the instrument was made.

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 provide for the enforcement of the EU banana quality standards as provided for in Article 113 of Council Regulation (EC) No 1234/2007 (O.J. L299, 16.11.2007, p.1) establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), and contained in Commission Regulation (EC) No. 2257/94 laying down quality standards for bananas (O.J. L245, 20.9.1994, p.6) as read with Commission Regulation (EC) 2898/95 concerning verification of compliance with quality standards for bananas (O.J. L304, 16.12.1995, p.17). These Regulations disapply (see regulation 21) in so far as they apply to Scotland the Agriculture and Horticulture Act 1964, the Horticultural Produce Act 1986 which modifies the 1964 Act, the Agricultural Produce (Grading and Marking) Acts 1928 and 1931 and the Agricultural Marketing Act 1958 from the EU banana quality standards. They designate the Scottish Ministers as competent national authority and inspection body in Scotland and provide for the Scottish Ministers to provide and request information and to appoint authorised officers (regulation3). The Regulations make the failure to comply with the EU banana quality standards an offence. They contain additional offences necessary for the effective enforcement of the EU banana quality standards (regulation 4 and Schedule1). The Regulations confer on authorised officer powers of entry (regulation 6) and other powers, including seizure powers (regulation 7) in relation to premises other than dwelling houses (regulation 5). They also contain powers to affix non compliance labels indicating various types of non-conformity with the EU quality standards for bananas (regulations 9, 10 and 11). These labels must contain the information set out in Schedule2 (Parts I and II). Regulation12 confers power on authorised officers to prohibit the movement of bananas and gives a right of review to those served with a written notice informing of the exercise of that power. Regulation13 confers power to affix a stop notice label warning of the exercise of power in regulation 12, which must contain the information set out in Schedule2 (Parts III and IV). Regulation14 makes provision for giving consent by authorised officers to the movement of controlled bananas where certain conditions are met. Regulations 15, 16, 17 and 19 respectively contain provisions on offences relating to controlled bananas, to the obstruction of an authorised officer, to the commission of an offence due to the fault of another person and to the commission of offences by bodies corporate etc. Regulation 18 provides for defences of acting with lawful authority or exercising due diligence and taking reasonable precautions. Regulation 20 provides that the penalty for offences is on summary conviction a fine not exceeding level 5 on the standard scale. No Business and Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business in Scotland.

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