UK Offence Report

A person who contravenes regulation 3 or 4 shall be guilty of an offence punishable on summary conviction…

regulation 5(2) of The Child Resistant Packaging and Tactile Danger Warnings (Safety) Regulations 1992

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 A person who contravenes regulation 3 or 4 shall be guilty of an offence punishable on summary conviction with imprisonment for not more than 3 months or with a fine not exceeding level five 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 This is the text as originally made; later amendments are not shown here.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
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 5(2)?

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 3 or 4.
  2. Doing the thing the provision prohibits under the Child Resistant Packaging and Tactile Danger Warnings (Safety) 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
Summary only — tried in a magistrates’ court
Maximum fine
Not determined
Maximum prison (summary)
Not determined

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 Child Resistant Packaging and Tactile Danger Warnings (Safety) (Revocation) Regulations 1992
Revoked on
23 October 1992
Made
13 August 1992
In force from
1 November 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 implement Article 6.2 and 6.3 of Council Directive 88/379/EEC (OJ No. L187, 16.7.88, p.1), Commission Directive 90/35/EEC (OJ No. L19, 24.1.90, p.14) and Commission Directive 91/410/EEC (OJ No. L288, 17.8.91, p.67) in that they require reclosable packaging in which certain preparations are supplied to comply with the requirements of ISO Standard 8317 (which deals with child-resistant reclosable packaging) and any packaging in which certain preparations are supplied to carry a tactile warning of danger in accordance with British Standard 7280. BS 7280 is the English language version of EN 272 “Packaging: Tactile Danger Warnings: Requirements” published by the European Committee for Standardization. The Regulations implement Commission Directive 91/442/EEC (OJ No.L242, 30.8.91, p.1) in that they require packaging in which preparations containing certain concentrations of methanol and dichloromethane are supplied to conform to ISO Standard 8317. The Regulations also extend to certain liquid preparations containing aliphatic and/or aromatic hydrocarbons and save for these last mentioned preparations extend to preparations supplied in aerosols. The provisions of the Child Resistant Packaging (Safety) Regulations 1986 are revoked in relation to the supply in reclosable packaging of the preparations and products mentioned in regulation 1(2). The Regulations do not apply to products supplied exclusively for business or professional purposes. Copies of the British Standards and the International Standards referred to in the Regulations may be obtained from any of the sales outlets operated by the British Standards Institution or by post from the Institution at Linford Wood, Milton Keynes MK14 LE11.

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”; the provision says the conduct is “punishable”
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