What would breach article 12 of The Welfare of Animals during Transport Order 1994?

On these words it is an offence to cause or permit animals to be transported for more than 50 km except in accordance with the provisions of Schedule 3 to this Order. Doing what the provision prohibits, or failing to do what it requires under the Welfare of Animals during Transport Order 1994.

Other provisions additional to existing welfare legislation

Q: Is article 12 of The Welfare of Animals during Transport Order 1994 a strict liability offence?

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.

article 12 of The Welfare of Animals during Transport Order 1994

Status not determined
Strict liability
TV licensing, fare evasion and school attendance

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

12 In addition to the provisions of Orders made under section 37, 38 or 39 of the Act, it shall be an offence for any person to cause or permit animals to be transported for more than 50 km except in accordance with the provisions of Schedule 3 to this Order.

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 This is the text as originally made; later amendments are not shown here.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 article 12?

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.

On these words it is an offence to cause or permit animals to be transported for more than 50 km except in accordance with the provisions of Schedule 3 to this Order.
Doing what the provision prohibits, or failing to do what it requires under the Welfare of Animals during Transport Order 1994.

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.

Sentencing children and young people: definitive guideline Youth courts and all courts sentencing those under 18 · in force from 1 June 2017
Applies whenever the defendant is under 18, whatever the offence.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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: 13 December 1994
In force from: 23 January 1995
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 does not form part of the Order) This Order revokes and re-enacts with modifications the Welfare of Animals during Transport Order 1992. Taken with other welfare legislation, it implements Council Directive 91/628/EEC on the protection of animals during transport (OJ No. L340, 11.12.91, p.17). The other legislation referred to is as follows— The Transit of Animals Order 1927 The Animals (Sea Transport) Order 1930 The Horses (Sea Transport) Order 1952 The Transit of Animals (General) Order 1973 The Transit of Animals (Road and Rail) Order 1975 The Importation of Animals Order 1977 The Welfare of Poultry (Transport) Order 1988. The Order makes general provision for the welfare of animals in transport (articles 3 and 4). It sets out feeding and watering intervals for animals in transport (article 5) and requires persons who transport animals in the course of business to ensure that animals are entrusted to people possessing the appropriate knowledge (article 6). It requires journey plans for certain journeys (article 7) and animal transport certificates for all others (article 8). There are exceptions in relation to pets and certain short journeys (articles 2 and 9). There are special provisions in relation to deer in velvet (article 3(4)). The Order refers to the guidelines issued by the International Air Transport Association (“IATA”) and under the Convention on International Trade in Endangered Species (“CITES”) (article 10). Copies of the relevant documents can be obtained from— IATA Tabmag Publishing Ltd Grove House 31-37 Church Road Ashford Middlesex TW15 2UE Freight Merchandising Services c/o Vidap Freight Services Green Lane Hounslow Middlesex TW4 6DD Label Line Hollyhouse 14 Tenby Road Frimley Surrey GU16 5UT CITES Department of the Environment Tollgate House Houlton Street Bristol BS2 9DJ It prohibits importation of animals from third countries except under the conditions required by Directive 91/628/EEC (article 13). The Order is enforced by the local authorities (article 14). Inspectors are given power to stop a journey, where the animals' welfare requires it (articles 15 and 16). Ministry inspectors may take into account previous conduct of the transporter in exercising these powers (article 15(3)). Contravention of the provisions of the Order constitutes an offence under the Animal Health Act 1981 and may be punished under section 75 of the Act.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Shellfish Transportation Lords · 31 January 1996 · Lord Lucas
No, my Lords. We plan in the course of 1996 to remake the Welfare of Animals during Transport Order 1994. We expect that the new order will continue the present requirements that shellfish should be transported appropriately and with basic documentation.
Shellfish Transportation Lords · 31 January 1996
Whether they intend to revoke the Welfare of Animals during Transport Order 1994 (S.I. 1994 No. 3249) in respect of shellfish.

Other offences in the same instrument

Powers of an inspector before transport beginsarticle 15(5)
Journey plansarticle 7(8)

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 0.90.

Basis: the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence: 0.90 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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Welfare of Animals during Transport Order 1994 Every offence this instrument creates, and its explanatory note
TV licensing, fare evasion and school attendanceOther offences on the same subject
Offences created in 1994