UK Offence Report

33 A person commits an offence if the person— a intentionally obstructs any person acting in the execution…

regulation 33 of The Trade in Animals and Related Products (Scotland) Regulations 2012

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

33 A person commits an offence if the person—

a intentionally obstructs any person acting in the execution of these Regulations;

b without reasonable cause, fails to give any person acting in execution of these Regulations any assistance or information that that person may reasonably require for the purpose of carrying out functions under these Regulations;

c furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading; or

d without reasonable excuse fails to comply with any of the following provisions— Provision Description of offence regulation 5(1)(a) and (3) Failure to notify regulation 5(1)(b) Bringing in or consigning an animal or genetic material without

a health certificate regulation 5(1)(c) Failure to comply with additional requirements regulation 5(2) Failure to keep

a certificate for at least three years regulation 6(5) Signing

a certificate without being authorised by the Scottish Ministers regulation 6(6) Signing

a certificate knowing it to be false, or not believing it to be true regulation

11 Importation other than at

a border inspection post regulation

12 Failure to notify regulation 13(1) Failure to present

a consignment for inspection regulation 13(2) Failure to comply with

a notice regulation 14(1) Removal from

a border inspection post without

a CVED or authority of the official veterinarian regulation 14(2) Failure to transport

a consignment to the place specified in the CVED accompanied by its CVED regulation

15 Movement other than under Customs supervision and failure to notify the Scottish Ministers regulation 21(5) Failure to re-export

a horse regulation 23(3) Failure to transport in accordance with paragraph (3)(a) or to destroy consignment as animal by-products regulation

24 Bringing

a non-compliant product into

a warehouse etc. regulation 25(5) Bringing in an animal or product in breach of

a declaration regulation 31(3) Disclosure of information Schedule 2: paragraph 2(2) Transporting without approval paragraph 4(1) Trading in apes paragraph 5(2) Keeping records paragraph 5(3) Notification of movement paragraph

6 Movement of animal by-products paragraph 7(2) Slaughter of animals paragraph 7(3) Keeping animals at their place of destination paragraph 8(2) Transport of birds to approved quarantine facilities or centres paragraph 8(3) Release of birds from quarantine paragraph

10 Use of

a certificate relating to ships’ stores Schedule

3 paragraph 3(3) Destruction or redispatch in accordance with the authorisation

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

The defence, as drafted

any information knowing it to be false or misleading; or d without reasonable excuse fails to comply with any of the following provisions— Provision Description of offence regulation 5(1)(a) and (3) Failure to notify regulation 5(1)(b) Bringing in or consigning an animal or genetic material without a health certificate regulation 5(1)(c) Fail

What would breach regulation 33?

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 Trade in Animals and Related Products (Scotland) Regulations 2012.
  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
Revoked
Revoked by
The Bluetongue (Scotland) Order 2012
Revoked on
24 September 2012
Made
29 May 2012
In force from
1 July 2012
Extent
S

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations implement the following four European Directives in Scotland:— Council Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (OJ L 395, 30.12.1989, p.13); Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (OJ L 224, 18.8.1990, p.29); Council Directive 91/496/EEC laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (OJ L 268, 24.9.1991, p.56); and Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 24, 30.1.1998, p.9). They also revoke and replace the Regulations specified in regulation 38 which previously implemented these Directives. They establish a system for trade between member States in live animals and genetic material (Part 2) (movement between member States) and for the importation of live animals and products of animal origin (which includes genetic material) from outside the European Union (Part 3) (importation from a third country). The European Union legislation required to be complied with before animals or goods can be released from control at the port of importation (the “border inspection post”) is listed in Schedule1. The Scottish Ministers are empowered to prohibit importation into Scotland of any animal or product in the event of a disease outbreak outside the United Kingdom (Part 4 – safeguard measures). The Regulations are enforced by the Scottish Ministers, local authorities, the Food Standards Agency and general customs officials in the circumstances set out in regulation 27. The Regulations establish various offences, punishable on summary conviction by a fine up to the statutory maximum or on conviction on indictment by an unlimited fine (or in the case of disclosure relating to customs information imprisonment for up to twelve months). A business and regulatory impact assessment has not been produced for this instrument as no new impact on the private, voluntary or public sectors is foreseen.

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