UK Offence Report

False statements

regulation 13(1) of The Temporary Set-Aside Regulations 1991 (revoked)

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, for the purposes of obtaining for himself or any other person any aid, knowingly or recklessly makes

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

a fine not exceeding level

5 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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
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 13(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. Entering a figure on a form or return that is known to be wrong under the Temporary Set-Aside Regulations 1991.
  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
Standard scale
Level 5
Maximum prison (summary)
Not determined

this is the level 5 value when the instrument came into force (1991-08-16); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

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
9 August 1991
In force from
16 August 1991
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. 1703/91 (OJ L162, 26.6.91, p. 1) insofar as it concerns the introduction of a temporary set-aside scheme for arable land for the 1991/92 marketing year (“the scheme”), and Commission Regulation (EEC) No. 2069/91 (OJ L191, 16.7.91, p. 19) laying down detailed rules for the application of the scheme. The Regulations apply to Great Britain. The Regulations provide for applications to enter the scheme. Farmers wishing to join must have registered their land by 31st July and must apply by 31st August 1991 (regulation 3). They must also undertake for the one-year duration of the scheme to set aside a minimum percentage of land which has been in production of eligible arable crops during 1990/91, to reduce the area which is given over to the production of those crops for 1991/92, to establish a plant cover on the area set aside and to follow provisions for the management of the land (regulation 4). The Regulations also impose requirements in relation to the land area which is eligible for inclusion in the scheme (regulation 5) and impose restrictions on the acceptance of applications (regulation 6). Claims for aid under the scheme must be made on or before 31st August 1992 (regulation 7). Aid (defined in article 2 of the Council Regulation) comprises both reimbursement of cereals coresponsibility levy and payment of a premium in relation to the land set aside. The rates of the premium are set out in the Regulations (regulation 8) and are calculated per hectare depending on the extent and location of the land set aside. The Regulations also– a provide for change of occupation of holdings (regulations 9 and 10); b provide for the withholding and recovery of aid in certain circumstances (regulation 11); c provide an obligation to permit entry and inspection (regulation 12); d create an offence of knowingly or recklessly making a false statement in order to obtain aid (regulation 13).

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