UK Offence Report

Suspension notices and orders

regulation 14(5) of The Bovines and Bovine Products (Despatch Prohibition and Production Restriction) Regulations 1997

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

5 As soon as reasonably practicable after the making of a suspension order, an inspector shall— a serve a copy of the order on the proprietor of the business; and b affix a copy of the notice in a conspicuous position on such premises used for the purpose of that business as the inspector considers appropriate; and any person who knowingly contravenes such a notice shall be guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies (knowingly) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: both a mens rea word and an objective standard appear in the offence itself.

What would breach regulation 14(5)?

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 knowingly contravenes such a notice.
  2. Doing the thing the provision prohibits under the Bovines and Bovine Products (Despatch Prohibition and Production Restriction) Regulations 1997, 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
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
3 months
Maximum prison (on indictment)
2 years

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

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 Bovines and Bovine Products (Trade) Regulations 1998
Revoked on
1 May 1998
Made
1 August 1997
In force from
1 August 1997
Extent
E+W+S

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 give effect to Commission Decision 96/239/EC on emergency measures to protect against bovine spongiform encephalopathy, as amended by Commission Decision 96/362/EC, in relation to the despatch to third countries and other member States of bovine animals and embryos and meat and other products from bovine animals. Regulation 3 prohibits the despatch from Great Britain to another member State or a third country of— bovine animals or bovine embryos meat derived from bovine animals slaughtered in the United Kingdom products obtained from bovine animals slaughtered in the United Kingdom (with the exception of controlled bovine by-products, as defined in regulation 2) which are liable to enter the human food or animal feed chains, or which are destined for use in cosmetics products, medical products or pharmaceutical products meat meal, bonemeal or meat and bonemeal derived from any mammal. Regulation 3 also prohibits the bringing of any of these goods to any place in Great Britain for the purpose of their despatch to another member State or a third country and it prohibits their consignment for the purpose of any such despatch. The Regulations revoke and replace the Bovine Products (Production and Despatch) Regulations 1997 and make provision for the control of production from bovine animals of gelatin, tallow and related products (regulation 4); for the control of the consignment of material containing bovine vertebral column to establishments approved under the Regulations (regulation 5); for the use of gelatin, tallow and related products (regulation 6); and the despatch to other member States of meat and other products from bovine animals slaughtered outside the United Kingdom (regulation 7). Regulation 8 makes provision for the Minister to charge fees in respect of his costs reasonably incurred in the control exercised under regulation 3(4)(b) and 4(4)(b), for the issue of health certificates under regulation 3(3) and 3(4)(c) and the approval of establishments pursuant to regulation 7. Regulation 9 confers on inspectors and customs officers powers to stop and search vehicles and vessels reasonably suspected of carrying goods the despatch of which to other member States or third countries is prohibited. Regulation 10 provides powers of entry to premises. Regulation 11 provides power to seize goods. It makes provision for the destruction of goods, the despatch of which to other member States or third countries is prohibited, where a justice of the peace is satisfied there is a risk of despatch abroad. Regulation 13 confers power on customs officers to detain vehicles and vessels. Regulation 14 makes provision for suspension notices and orders, suspending the use of business premises for the receipt or despatch of such goods. Regulations 15 to 17 provide offences and penalties. Regulation 18 provides that the Regulations are enforced by the Minister and local authorities, as defined in regulation 2, and regulation 19 makes provision for the service of notices. A Compliance Cost Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Health (BSE) 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

Other offences in the same 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”
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