UK Offence Report

b shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding two…

regulation 13(1)(b) of The Medicines (Medicated Animal Feeding Stuffs) (No. 2) Regulations 1992

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

b shall be liable on conviction on indictment to

a fine or to imprisonment for

a term not exceeding two years, 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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
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 13(1)(b)?

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 what the provision prohibits, or failing to do what it requires under the Medicines (Medicated Animal Feeding Stuffs) (No. 2) Regulations 1992.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£2,000
Standard scale
Level 5
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

this is the level 5 value when the instrument came into force (1992-07-01); 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
25 June 1992
In force from
1 July 1992
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 replace the Medicines (Medicated Animal Feeding Stuffs) Regulations 1992. These Regulations correct several minor drafting errors in the 1992 Regulations. In addition the Regulations— a substitute a new definition of “withdrawal period” (regulation 2(1)); b substantially increase the fee payable by manufacturers on registration, increase the fee for retention in the Register and decrease the fee for reinstatement in the Register (regulation 3(6)); c restrict the requirements relating to feeding stuffs imported from a member State to those in which a prescription only medicinal product has been incorporated (regulation 6(6)); d exempt pet shop owners, who sell final medicated feeding stuff in which a medicinal product has been incorporated (not being a prescription only product) by retail in pack sizes of 5 kg or less, from the requirement to be registered in either the Register of Merchants or of Manufacturers (regulation 8(1)). The Codes of Practice (for Category A and for Category B Registered Manufacturers of Medicated Animal Feeding Stuffs) are priced publications and are available from MAFF Publications, London SE99 7TP.

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 0.72.

Basis
the provision states liability on summary conviction
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