UK Offence Report

Offences and penalties

regulation 9(1) of The Suckler Cow Premium Regulations 1991

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—

a intentionally obstructs an authorised officer in the exercise of

a power conferred by regulation 6; or

b fails without reasonable excuse to comply with

a request made under regulation 7, he shall be guilty of an offence and liable on summary conviction to

a fine not exceeding level

3 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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
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 (intentionally).

“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: intentionally; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

e exercise of a power conferred by regulation 6; or b fails without reasonable excuse to comply with a request made under regulation 7, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

What would breach regulation 9(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. Refusing to let an inspector onto premises they are entitled to enter under the Suckler Cow Premium Regulations 1991.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£400
Standard scale
Level 3
Maximum prison (summary)
Not determined

this is the level 3 value when the instrument came into force (1991-11-22); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean £1000.

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
20 November 1991
In force from
22 November 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, which apply to Great Britain, relate to the administration of the suckler cow premium scheme (“the scheme”) introduced by Council Regulation (EEC) No. 1357/80 (OJ No. L 140, 5.6.80, p. 1), as amended, (“the Council Regulation”) for the implementation of which detailed rules are laid down by Commission Regulation (EEC) No. 1244/82 (OJ No. L 143, 20.5.82, p.20), as amended. They also make provision, in accordance with Article 3(2) of the Council Regulation and pursuant to section 3 of the Agriculture and Forestry (Financial Provisions) Act 1991 (c. 33), for the payment out of national funds of a grant (“the additional premium”) to persons who under the scheme are entitled to receive a premium financed by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (“the Community premium”). The Regulations— a appoint the appropriate Agriculture Ministers as the competent authority responsible for paying the additional premium and administering the scheme as regards both the Community premium and the additional premium in the various parts of Great Britain (regulation 3); b make provision as to the amount of the additional premium, the period within which applications may be lodged and the conditions subject to which such premium may be paid (regulation 4 and the Schedule); c impose requirements as to the keeping and preservation of records and other documents for the purpose of verifying entitlement to the premium (regulation 5); d confer on authorised officers powers of entry, inspection and retention of records or documents and require that such assistance be given them for that purpose as they may reasonably request (regulation 6 and 7); e specify circumstances in which the premium may be recovered, together with interest (regulation 8); f create offences and penalties (regulation 9). The Suckler Cow Premium Regulations 1980 (S.1. 1980/1239), as amended, and the Suckler Cow Premium Regulations 1981 (S.1. 1981/1700) have been revoked. The Suckler Cow Premium Regulations 1982 (S.1. 1982/1683) remain in force.

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 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