UK Offence Report

Penalties

regulation 34(1) of The Slaughter of Animals (Humane Conditions) (Scotland) Regulations 1990

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

1 If any person contravenes any of the provisions of these Regulations he shall be guilty of an offence and shall be liable on–

a summary conviction to

a fine not exceeding the statutory maximum; or

b conviction on indictment to

a fine or to imprisonment for

a term not exceeding one year or both.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 regulation 34(1)?

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. Doing the thing the provision prohibits under the Slaughter of Animals (Humane Conditions) (Scotland) Regulations 1990, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Not determined
Maximum fine
£2,000
Maximum prison (summary)
1 year

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
13 June 1990
In force from
5 July 1990
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, which apply to Scotland only, consolidate with amendments the provisions of the Slaughter of Animals (Prevention of Cruelty) (Scotland) Regulations 1955 and the Slaughter of Animals (Stunning Pens) (Scotland) Regulations 1963. The Regulations continue to contain requirements relating to– The construction, layout and equipment of slaughterhouses, knackers' yards and lairages (Part II); Conditions to be observed in connection with the confinement and treatment of animals awaiting slaughter in a slaughterhouse or knackers' yard (Part III); Conditions to be observed in connection with the stunning and slaughter of animals in a slaughterhouse or knackers' yard (Parts IV and V); Additional conditions to be observed in connection with the slaughter of horses in a slaughterhouse or knackers' yard (Part IX); Records to be kept by the occupier of a slaughterhouse or knackers' yard (Part X); and Offences and penalties (Part XI). The principal changes are as follows:– Fixed ramps or other facilities for unloading animals are required in newly constructed or adapted premises (regulation 4(2)). Restrictions are placed on the methods of handling animals, and the hitting, prodding or handling of animals in a manner likely to cause them injury or unnecessary distress is prohibited (regulation 5). Sufficient space is to be provided in lairages to allow animals to stand up, lie down and turn around (regulation 7(1)). Slaughterhouses in remote areas at present exempted from the requirement to be equipped with stunning pens are required to instal such pens within 2 years (regulation 13). The stunning of any cattle with a captive bolt pistol applied to the back of the head and the stunning of any other animal in this way is prohibited except (in the latter case) when access to the front of the head is prevented by the animal’s horns (regulation 14(b)). The fitting and use of devices which restrict the movement of the animal’s head becomes mandatory after 2 years (regulation 15). Electrical stunners are to be fitted, within 2 years, with a cut-out device which will prevent a current being delivered which is insufficient to stun the animal (regulation 16(1)(a)). Requirements are introduced to prevent delays occuring between stunning and the subsequent sticking of animals (regulation 17). The slaughter of cattle by the Jewish or Muslim method in the upright position is permitted and the use of upright pens, individually approved by the Secretary of State, for such slaughter becomes mandatory after 2 years (regulation 20(1)). Requirements are introduced relating to the method of cutting during religious slaughter (regulation 23).

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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 is “guilty of 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