UK Offence Report

d causes or permits any such contravention or non-compliance,commits an offence against the Act.

article 17(d) of The Tuberculosis (Deer) Order 1989

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

d 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 This is the text as originally made; later amendments are not shown here.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
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 17(d)?

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 Tuberculosis (Deer) Order 1989, 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
Revoked
Revoked by
The Tuberculosis in Specified Animals (Scotland) Order 2015
Revoked on
9 October 2015
Made
22 May 1989
In force from
1 June 1989
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 contains provisions relating to tuberculosis in deer and, in particular, provides for– a the compulsory notification of tuberculosis in deer and in carcases of deer (articles 5 and 6); b the investigation by a veterinary inspector into the existence of tuberculosis in deer and the examination by him of deer and their carcases for this purpose (article 6(1), (2) and (3)); c the imposition (by notice in Form A served by a veterinary inspector) of certain requirements in respect of deer which are affected or suspected of being affected with tuberculosis, including the isolation of such deer from all other deer and from cattle (article 6(4), (5) and (6)); d the testing of deer (if required by notice) and the reporting of the results of such tests (article 7); e the prohibition of the vaccination and treatment of deer for tuberculosis (article 8); f precautions which may be required (by notice) to be taken against the spread of tuberculosis in deer, including the isolation of deer and the cleansing and disinfection of premises (articles 9 and 10); g the marking and identification of deer (article 13); h the prohibition of the exposure for sale in a market of a deer by its owner unless it is marked or identified in accordance with the provisions of the Order and the mark or identification is clearly legible (article 14); and i offences (article 17).

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