c knowingly causes or permits any such contravention or non-compliance, commits an offence against the Act.
article 6(c) of The Marek’s Disease (Restriction on Vaccination) Order 1987
- Revoked
- Requires proof of a state of mind
- Dogs, animals, hunting and wildlife
The provision has been revoked and no saving provision preserving liability for earlier conduct was found.
What the provision says
c knowingly causes or permits any such contravention or non-compliance, commits 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 This is the text as originally made; later amendments are not shown here.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
- 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 (knowingly).
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: knowingly.
What would breach article 6(c)?
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.
- Not doing what the provision requires under the Marek’s Disease (Restriction on Vaccination) Order 1987, by the time it requires it to be done.
- 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.
-
Animal cruelty: definitive guideline
Magistrates' courts in England and Wales · in force from 1 July 2017
Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.
-
Reduction in sentence for a guilty plea: definitive guideline
All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
-
General guideline: overarching principles
All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
-
Totality: definitive guideline
All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.
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 Marek’s Disease (Restriction on Vaccination) (Revocation) Order 1994
- Revoked on
- 25 March 1994
- Made
- 14 May 1987
- In force from
- 31 May 1987
- Extent
- Not stated
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 Order) — the explanatory note published with the instrument, © Crown copyright.
This Order prohibits the vaccination of any poultry against Marek’s disease with a vaccine of the kind specified in the Order (that is to say a vaccine consisting of or containing derivatives of the Rispens strain or the SB1 strain) except under the authority of a licence issued by the appropriate Minister (as defined in the Order) (article 4).
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
- This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
- The Marek’s Disease (Restriction on Vaccination) Order 1987 Every offence this instrument creates, and its explanatory note
- Dogs, animals, hunting and wildlifeOther offences on the same subject
- Offences created in 1987