UK Offence Report

Offences relating to implantation of transponder

regulation 22 of The Equine Animal (Identification) (Scotland) Regulations 2019

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

22 A person who, without reasonable excuse, removes or attempts to remove

a transponder from an equine animal other than in accordance with the Commission Regulation and these Regulations commits an offence.

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 This is the text as originally made; later amendments are not shown here.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
An element of the offence, for the prosecution to prove

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.

“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: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

22 A person who, without reasonable excuse, removes or attempts to remove a transponder from an equine animal other than in accordance with the Commission Regulation and these Regulations commits an offence.

What would breach regulation 22?

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 removes or attempts to remove a transponder from an equine animal other than in accordance with the Commission Regulation and these Regulations.
  2. Doing what the provision prohibits, or failing to do what it requires under the Equine Animal (Identification) (Scotland) Regulations 2019.

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
5 February 2019
In force from
28 March 2019
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 implement and enforce in Scotland Commission Implementing Regulation (EU) 2015/262 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation). These Regulations revoke and replace the Horse Identification (Scotland) Regulations 2009. The Equine Passport Regulation regulates the identification of equine animals born in, or moving within, the EU. The system of identification comprises a single lifetime identification document that must constantly accompany an equine animal, identity verification through insertion of a transponder bearing a unique code, and information entered onto databases held by issuing bodies and by Member States. Identification documents must be kept up-to-date. Competent authorities within a Member State may also expressly permit the issue of smart cards that may be carried in place of identification documents during the movement or transport of equine animals. It also provides for the issue of duplicate or replacement identification documents. On the slaughter, death or loss of the equine animal, the Equine Passport Regulation requires the recovery and destruction or disposal of the transponder, and the rendering invalid of an identification document prior to its return to the issuing body. These Regulations provide for the following:— The Scottish Ministers are designated as the competent authority (regulation 3). Identification documents must be issued no later than either 31 December in the year of the equine animal’s birth or 6 months after its birth, whichever is the later (regulation 6). The time limit for submission of an application for an identification document is no later than 30 days prior to the above deadlines (regulation 5). Regulation 11 sets out the measures to be taken by various parties in relation to the verification of identification and the implantation of transponders in equine animals. Within Scotland, equine animals may be moved or transported unaccompanied by their identification document provided they are accompanied by a smart card issued by the appropriate issuing body (regulation 12). Regulation 14 enables the Scottish Ministers to maintain a database of equine animals whose details are recorded by Scottish issuing bodies. Regulations 15 and 16 make provision for enforcement, including powers of inspectors. Regulations 17 to 28 and the Schedule make provision for offences and penalties, including powers to issue fixed penalty notices (regulation 27). A fixed penalty notice may be issued by an authorised officer of a local authority, in respect of breaches of Article 23(1), and of Article 26(1)(a) (regulation 27). A business regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Directorate for Agriculture and Rural Economy, Animal Health and Welfare Division, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD.

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