UK Offence Report

Offences and penalties

regulation 14 of The Animal By-Products (Identification) Regulations 1995

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

14 If any person contravenes, or fails to comply with, any provision of regulation 6, 7, 8, 9 or 10 he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.

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 This is the text as originally made; later amendments are not shown here.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 14?

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 the thing the provision prohibits under the Animal By-Products (Identification) Regulations 1995, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
Not determined

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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

The Ministry of Justice records offences under this instrument against offence code 9155 — 09155 - Triable either way offences (Animal By-Products (Identification) Regulations 1995) (historic). That code may cover several provisions of the instrument, so a count against it is not a count of prosecutions under this provision alone.

No published per-offence figure was found for this provision. Offences created by statutory instrument very largely do not have their own code in the MoJ’s Outcomes by Offence data tool. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Revoked
Revoked by
The Animal By-Products (Enforcement) (Wales) Regulations 2011 (revoked)
Revoked on
4 March 2011
Made
7 March 1995
In force from
1 April 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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations, which apply to Great Britain, come into force on 1st April 1995 and make provision for the sterilisation and staining of animal by-products (defined in regulation 3) and for the control of the movement of such by-products. They revoke the Meat (Sterilisation and Staining) Regulations 1982 and the Meat and Poultry Meat (Staining and Sterilisation) (Scotland) Regulations 1983 (regulation 15) and make consequential amendments to the Bovine Offal (Prohibition) Regulations 1989 and the Bovine Offal (Prohibition) (Scotland) Regulations 1990 (regulation 16). The Regulations do not apply to entire dead animals (regulation 4), specified green offal of wild game, by-products removed by a veterinary surgeon for examination, specified waste from animal by-products, animal by-products imported for scientific purposes, specified animal by-products which are transhipped or specified bovine offal (regulation 5(1)). The Regulations— a require the immediate staining or sterilisation at a slaughterhouse or game processing facility (regulation 6), or at any animal by-products premises (regulation 7), of animal by-products excluding poultry by-products and certain other specified by-products (regulation 5(2)); b prohibit the freezing of any animal by-product in any slaughterhouse, game processing facility or animal by-products premises (regulation 8); c prohibit the storing of unsterilised animal by-products in the same room as products which are intended for human consumption and the storing of unsterilised animal by-products which are not properly packed and labelled in premises used for the storage of products fit for human consumption (regulation 9); d prohibit the movement from any slaughterhouse, game processing facility or animal by-products premises of unstained or unsterilised animal by-products except in specified circumstances (regulation 10); e make provision for the application of various provisions of the Food Safety Act 1990 (regulation 11); f specify the enforcement authorities (regulation 12); g require food authorities to supply information to the Minister as and when required (regulation 13); and h create offences and prescribe penalties (regulation 14). A Compliance Cost Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament, and copies can be obtained from the Meat Hygiene Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.

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 states liability on summary conviction; the provision states a penalty in older drafting
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