UK Offence Report

3 Any person who contravenes regulation 2 of these Regulations shall be guilty of an offence, triable only…

regulation 3 of The Imported Food (Safeguards against Paralytic Toxin) (Pectinidae from Japan) Regulations 1992

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

3 Any person who contravenes regulation 2 of these Regulations shall be guilty of an offence, triable only summarily, and liable on conviction to imprisonment for a period 5 on the standard scale, or to 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 This is the text as originally made; later amendments are not shown here.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 3?

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. On these words an offence is committed where a person contravenes regulation 2 of these Regulations.
  2. Doing the thing the provision prohibits under the Imported Food (Safeguards against Paralytic Toxin) (Pectinidae from Japan) Regulations 1992, whatever the reason for doing it.
  3. 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
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 Imported Food (Bivalve Molluscs and Marine Gastropods from Japan) Regulations 1992
Revoked on
24 July 1992
Made
7 May 1992
In force from
29 May 1992
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations prohibit the importation into Great Britain of bivalve molluscs of the pectinidae family originating in Japan (whether dead or alive), and any products thereof, (regulation 2). The prohibition contained in regulation 2 gives effect to Commission Decision 92/91/EEC concerning protective measures with respect to scallops originating in Japan (OJ No. L32, 8.2.92, p. 37). Contravention of regulation 2 is an offence (regulation 3). Various provisions of the Food Safety Act 1990 are applied for the purposes of the Regulations (regulation 4). The Regulations are to be enforced in England and Wales by district councils, London borough councils and the Common Council of the City of London, and in Scotland by district and islands councils, except that within the area of port health authorities in England and Wales or port local authorities in Scotland, they are instead to be enforced by those authorities (regulation 5).

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 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