UK Offence Report

16 Any person who, without lawful authority or excuse, proof of which shall lie on him,— a fails to comply…

article 16 of The Bovine Animals (Records, Identification and Movement) Order 1995

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

16 Any person who, without lawful authority or excuse, proof of which shall lie on him,—

a fails to comply with any obligation imposed on him by any provision of articles 4,

5 and 6, paragraphs (1) to (4) of article 7, articles 8,

9 or 10(a), or

b knowingly causes or permits the doing of anything which is

a contravention of paragraph (a) above, or

c knowingly causes or permits the doing of anything which is declared by this Order to be unlawful, or

d makes any entry in

a record or statement or gives any information for the purposes of this Order which he knows to be false in

a material particular or, for those purposes, recklessly makes

a statement or gives any information which is false in

a material particular, commits an offence against the Animal Health Act 1981.

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
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 (knowingly, recklessly).

“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: knowingly, recklessly; qualified by lawful excuse (an element).

The defence, as drafted

16 Any person who, without lawful authority or excuse, proof of which shall lie on him,— a fails to comply with any obligation imposed on him by any provision of articles 4, 5 and 6, paragraphs (1) to (4) of article 7, articles 8, 9 or 10(a), or b knowingly causes or permits the doing of anything which is a cont

What would breach article 16?

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. Entering a figure on a form or return that is known to be wrong under the Bovine Animals (Records, Identification and Movement) Order 1995.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

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 Cattle Identification (Wales) Regulations 2007
Revoked on
6 April 2007
Made
6 January 1995
In force from
30 January 1995
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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order replaces the Movement of Animals (Records) Order 1960 (so far as it relates to bovine animals), the Bovine Animals (Identification, Marking and Breeding Records) Order 1990, both as amended, and certain provisions of the Welfare of Animals at Markets Order 1990. It implements provisions of Council Directive 92/102/EEC on the identification and registration of animals (O.J. No L 355, 5.12.92, p.32) to the extent that it applies to bovine animals. The principal requirements of the Order are as follows— 1 Owners and persons in charge of bovine animals on a holding are required to give information about the holding to the appropriate Divisional Veterinary Officer (article 4). 2 Owners and persons in charge of bovine animals are also required to keep records of births, deaths and movement of bovine animals and to keep a record of their numbers (article 5). Article 7 specifies the periods for which these records are to be kept. 3 Market operators are required to keep records of calves passing through the market (article 6). Article 7 also specifies the periods for which these records are to be kept. 4 Owners and persons in charge of bovine animals are to ensure that they are identified by ear tags containing specified particulars (article 8). Tags must be of a pattern approved by the Minister of Agriculture, Fisheries and Food and must not adversely affect the well-being of the animal (article 13). Lost or illegible ear tags are to be replaced (article 9). They may be removed only on the authority of a veterinary inspector (article 12) and may not be altered or defaced (article 14). 5 Animals without an identification may not be moved (article 15). Contravention of the Order is an offence under the Animal Health Act 1981 punishable under section 75 of that Act. A Compliance Cost Assessment of the impact that this Order will have on business will be available in the libraries of both Houses of Parliament.

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 “commits 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