UK Offence Report

18 It shall be an offence for a person– a without reasonable excuse, to fail to comply with the provisions…

regulation 18 of The Beef Special Premium Regulations 1996 (revoked)

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

18 It shall be an offence for

a person–

a without reasonable excuse, to fail to comply with the provisions of regulation 4, 5(1) or 13;

b intentionally to obstruct an authorised person in the exercise of

a power conferred by regulation 14;

c without reasonable excuse, to faily to comply with

a request made under regulation 15; or

d knowingly or recklessly to make

a statement or furnish any information which is false or misleading in

a material particular where the statement is made or the information is furnished–

i in purported compliance with any requirement imposed under regulation 14(6),

ii for the purpose of obtaining

a national administrative document or

a duplicate or replacement of same, or

iii for the purposes of obtaining for himself or any other person the whole or any part of any Community premium.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
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 (for the purpose of obtaining, intentionally, knowingly, knowingly or recklessly, 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, intentionally, recklessly, for the purpose of obtaining, knowingly or recklessly; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

18 It shall be an offence for a person– a without reasonable excuse, to fail to comply with the provisions of regulation 4, 5(1) or 13; b intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 14; c without reasonable excuse, to faily to comply with a request made under regulation 15

What would breach regulation 18?

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. Refusing to let an inspector onto premises they are entitled to enter under the Beef Special Premium Regulations 1996.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

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
Status not determined
Made
20 December 1996
In force from
1 January 1997
Extent
E+W+S

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 consolidate (with changes) the Beef Special Premium Regulations 1993 (S.I. 1993/1734, as amended by S.I. 1994/3131 and S.I. 1995/14) and they extend to Great Britain. The main change effected by these Regulations is that there is now payable a higher rate premium for uncastrated male bovines (known as “bull premium”). This reflects Council Regulation (EC) No. 2222/96 (OJ No. L296, 21.11.96, p. 50) and Commission Regulation (EC) No. 2311/96 (OJ No. L313, 3.12.96, p. 9). These Regulations make provision as respects Great Britain for the administration and enforcement of the special premium for male bovines payable under Article 4b Council Regulation (EEC) No. 805/68 (OJ No. L148, 28.6.68, p. 24 (OJ/SE Vol I p. 187)), as amended, and as applied in detail by Commission Regulation (EEC) No. 3886/92 (OJ No. L391, 31.12.92, p. 20), as amended. These Regulations– make provision relating to the form and issue of the national administrative document referred to in Article 3 of Commission Regulation (EEC) No. 3886/92 (regulation 3); impose conditions relating to the sale of animals over 3 months old, including such animals which have been imported into Great Britain (regulation 4); lay down provisions relating to the death, loss, theft or export from Great Britain of animals for which a national administrative document has been issued (regulation 5); lay down provisions regarding the replacement or duplication of national administrative documents (regulation 6); make provision for the making of applications for first premium, second premium and bull premium [known as “Community premium”] (regulations 7, 8 and 9); enable an applicant to set the starting date for the commencement of the retention period for the animals specified in his premium application (regulation 10); enable Community premium otherwise payable to be reduced or withheld and such premium already paid to be recovered where excessive numbers of male bovines are being grazed and maintained on land which the appropriate Minister has identified as being overgrazed (regulation 11); enable Community premium otherwise payable to be reduced or withheld if the applicant uses unsuitable supplementary feeding methods (regulation 12); require an applicant to retain specified records and other documents (regulation 13); give authorised persons certain enforcement powers (regulation 14); require that specified persons (including applicants for Community premium) give authorised persons such assistance as they may reasonably request (regulation 15); specify circumstances in which Community premium (and a specified supplement to it) paid to an applicant may be recovered by the appropriate Minister and prescribe the rate of interest payable on amounts recovered in specified circumstances (regulations 16 and 17); create offences and lay down penalties (regulations 18 and 19); specify time limits for bringing prosecutions (regulation 20); make provision for offences committed by bodies corporate (regulation 21); revoke a number of statutory instruments (regulation 22). No compliance cost assessment has been prepared in respect of these Regulations.

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 0.90.

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