UK Offence Report

2 Failure to comply with any term of a licence issued under this order shall be an offence against the Act.

article 12(2) of The Export of Horses (Protection) Order 1969

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

2 Failure to comply with any term of

a licence issued under this order shall be an offence against the Act.

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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

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.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 12(2)?

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. Not doing what the provision requires under the Export of Horses (Protection) Order 1969, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

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
12 December 1969
In force from
1 January 1970
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.

This order revokes and re-enacts with amendments the Exported Horses Protection Order 1966. Horses (other than ponies) exempted from the veterinary examination required by section 37 of the Diseases of Animals Act 1950 and which are exported from Great Britain to any place in Europe outside the United Kingdom, the Republic of Ireland, the Channel Islands and the Isle of Man are required immediately before export to undergo inspection by a veterinary inspector and to be certified by him to be capable of being conveyed to their destination and disembarked without unnecessary suffering. In the case of ponies intended for export (further to section 37(4A) of the Diseases of Animals Act 1950) administrative arrangements for a veterinary inspection etc. are also laid down. The order further empowers a veterinary inspector to prohibit the carriage of any horse or to require removal of any horse from a vessel or aircraft if it is likely to be exposed to unnecessary suffering during transit. All these provisions take effect from 1st January 1970. From 1st June 1970, the order also requires horses (including ponies) exported from Great Britain outside the United Kingdom, the Channel Islands or the Isle of Man to be rested at approved premises for at least 10 hours before loading into the vessel or aircraft in which they are to be exported. It requires the provision of adequate and accessible food and water and shelter and bedding, and limits the number of horses which may be put at one time into any one pen or enclosure. An exemption is made in respect of horses (other than ponies) shipped to the Republic of Ireland or outside Europe.

Read the full note and every offence in this 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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.88 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