UK Offence Report

False statements

regulation 15 of The Scottish Islands Agricultural Development Programme Regulations 1988

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

15 If the eligible person, for the purposes of obtaining for himself or any other person any financial assistance under these Regulations, knowingly or recklessly makes

a false statement, he shall be liable on summary conviction to

a fine not exceeding £2,000.

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 This is the text as originally made; later amendments are not shown here.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 eligible person
Conduct
making a false or misleading statement
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, knowingly or recklessly, recklessly).

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, recklessly, knowingly or recklessly.

What would breach regulation 15?

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. Entering a figure on a form or return that is known to be wrong under the Scottish Islands Agricultural Development Programme Regulations 1988.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£2,000
Maximum prison (summary)
Not determined

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
11 March 1988
In force from
5 April 1988
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 Council Regulation (EEC) No. 1402/86 (O.J. No. L128, 14.5.86, p.9) which authorises a programme under the provisions of Article 18 of Council Regulation (EEC) No. 797/85 (O.J. No. L93, 30.3.85, p.1) for measures to encourage agriculture in the Scottish Islands off the northern and western coasts with the exception of the Western Isles (Outer Hebrides). The Regulations provide for financial assistance to be given towards the cost of farm development measures, livestock development measures and agriculture infrastructure or support measures set out in a farm plan. To benefit for assistance the applicant must submit to the Secretary of State for approval a farm plan (regulation 4). The farm development measures, livestock development measures and agricultural infrastructure or support measures are respectively specified in Schedules 1, 2 and 3. The farm plan must indicate that it will increase the efficiency of the farm, improve the quality of the livestock and conserve or enhance the environment (regulation 4). Approval of the farm plan can be subject to conditions (regulation 5). The Regulations also— a impose certain restrictions on the approval of farm plans (regulation 6); b limit the variation of the plan to certain exceptional circumstances (regulation 7); c set out the amount of the financial assistance available (regulation 8); d provide for payment of a management premium (regulation 9); e set out the maximum limits of financial assistance (regulation 10); f provide for standard costs (regulation 11); g confer a power of inspection and right of entry (regulation 12); h provide for the reduction or withholding of financial assistance in circumstances where it would otherwise be payable (regulation 13); i provide for the revocation of approval and the recovery of financial assistance paid (regulation 14); and j create an offence punishable on summary conviction with a maximum fine of £2,000 of knowingly or recklessly making a false statement to obtain financial assistance (regulation 15). These Regulations will cease to have effect on 7th March 1993 (regulation 16).

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 0.72.

Basis
the provision states liability on summary conviction; the provision states a penalty in older drafting
Confidence
0.72 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