UK Offence Report

Obstruction offences

regulation 10 of The Mandatory Use of Closed Circuit Television in Slaughterhouses (Scotland) Regulations 2020

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

10 It is an offence—

a intentionally to obstruct any person acting in the execution of these Regulations,

b without reasonable cause, to fail to give to any such person without delay—

i any assistance or information that the person may reasonably require, or

ii access to

a CCTV system referred to in regulation

3 on request for the purposes of viewing images and information obtained by that system,

c to furnish to any such person any information knowing it to be false or misleading, or

d to fail to produce

a document or record, or any images or information retained and stored as required by regulation 4, without delay to any such person when required to do so.

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 This is the text as originally made; later amendments are not shown here.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
No statutory defence — prosecution proves everything

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).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally, knowing it to be.

What would breach regulation 10?

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 Mandatory Use of Closed Circuit Television in Slaughterhouses (Scotland) Regulations 2020.
  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
17 November 2020
In force from
1 July 2021
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 these Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations make provision for enforcement of EU Regulation 1099/2009 on the protection of animals at the time of killing and the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 (“the 2012 Regulations”). These Regulations introduce requirements on operators of slaughterhouses (“business operators”) in Scotland to install and operate a closed circuit television (CCTV) system in all areas where live animals are present (regulation 3). Regulation 4 requires business operators to retain CCTV footage and associated data for a period of 90 days. Persons authorised by Food Standards Scotland are given powers to require compliance with these Regulations. This includes powers of inspection and seizure where the authorised person has entered premises for the purposes of enforcing the 2012 Regulations (regulation 5) and powers to serve enforcement notices (regulation 6). Regulation 7 makes provision for appeals relating to notices under regulation 6. Regulation 9 provides that contravention of regulations 3 (duty to install and operate a CCTV system) and regulation 4 (duty to retain CCTV images and information) are offences, and that it is an offence for a person to fail to comply with an enforcement notice issued under regulation 6. Regulation 10 provides for obstruction offences. Regulation 11 provides for offences committed by unincorporated associations. Regulation 12 provides for the maximum penalty that a person guilty of an offence under regulation 9 or 10 is liable to on summary conviction.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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