UK Offence Report

11 Any person who, without lawful authority or excuse, proof of which shall lie on him– a contravenes any…

article 11 of The Bovine Animals (Identification, Marking and Breeding Records) Order 1990

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

11 Any person who, without lawful authority or excuse, proof of which shall lie on him–

a contravenes any provision of this Order; or

b fails to comply with any such provision; or

c causes or permits any such contravention or non-compliance; or

d makes an entry in

a record for the purposes of this Order which he knows to be false in

a material particular; or

e recklessly makes an entry in

a record for the purposes of this Order which is false in

a material particular, 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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (recklessly).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: recklessly; qualified by lawful excuse (an element).

The defence, as drafted

11 Any person who, without lawful authority or excuse, proof of which shall lie on him– a contravenes any provision of this Order; or b fails to comply with any such provision; or c causes or permits any such contravention or non-compliance; or d makes an entry in a record for the purposes of this Order which he

What would breach article 11?

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 Bovine Animals (Identification, Marking and Breeding Records) Order 1990.
  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
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 Cattle Identification (Enforcement) Regulations 1997
Revoked on
22 August 1997
Made
18 September 1990
In force from
15 October 1990
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– a requires the owners or persons in charge of female bovine animals to keep records of the date of birth, breed, sex and dam of calves of such animals (article 9); b enables a veterinary inspector to test a bovine animal and take samples from it for the purpose of establishing whether his reasonable supposition that the Order has not been complied with is correct (article 10); and c provides for the marking of bovine animals with a distinguishing mark so as to distinguish them from other bovine animals (article 7). This Order also re-enacts with certain amendments those parts of the Tuberculosis (England and Wales) Order 1984 (S.I. 1984/1943) and the Tuberculosis (Scotland) Order 1984 (S.I. 1984/2063) revoked by the Tuberculosis (England and Wales) (Amendment) Order 1990 (S.I. 1990/1869) and the Tuberculosis (Scotland) (Amendment) Order 1990 (S.I. 1990/1908) respectively. The Order continues to provide for the identification of bovine animals (article 4) and to prohibit the sale of, or exposure for sale, of unidentified bovine animals (article 6). The changes of substance made by this Order are– a the period within which a bovine animal must be identified has been reduced from 14 days for all bovine animals to 36 hours for bovine animals in dairy herds and 7 days in other cases (article 4(2)); b where possible, a record of the previous identification shall be made when a bovine animal loses its identification and is given a new identification (article 4(3)); c the prohibition on the movement of unidentified bovine animals has been extended to England and Wales (article 5); and d the exception to the obligation to identify a bovine animal, in the case of an animal younger than 14 days which is sent directly to a slaughterhouse, has been removed.

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 0.92.

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