UK Offence Report

Punishment of offences

regulation 39(2) of The Medicated Feedingstuffs Regulations 1998

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 Any person who commits any of the offences set out in regulation 38(b) shall be liable on summary conviction to

a fine not exceeding level

5 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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; qualified by reasonable excuse (an element; prosecution disproves once raised).

What would breach regulation 39(2)?

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 commits any of the offences set out in regulation 38(b).
  2. Doing what the provision prohibits, or failing to do what it requires under the Medicated Feedingstuffs Regulations 1998.

Penalty

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

this is the level 5 value when the instrument came into force (1998-05-06); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

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 Medicated Feedingstuffs and Feedingstuffs (Zootechnical Products) (Consequential Provisions) Regulations 1998 (revoked)
Revoked on
6 May 1998
Made
9 April 1998
In force from
6 May 1998
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 implement Council Directive 90/167/EEC (OJ No. L92, 7.4.90, p.42) laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community. These Regulations control the manufacture and distribution of medicated feedingstuffs. These Regulations provide for the approval (regulations 3 and 4), renewal of approval (regulation 5), late renewal (regulation 6) and withdrawal of approval (regulations 8 and 9) of premises for manufacturing medicated feedingstuffs. Regulations 10 to 16 also provide for a system of approval, renewal of approval and withdrawal of approval of distributors of medicated feedingstuffs. Regulation 17 covers the controls on agricultural merchants. Applications for approval, renewal of approval or late renewal of approval of premises or as distributor, subject to exceptions, must be accompanied by payment of such fee as specified in Schedule 1 (regulations 2(1) and 35). Regulations 19, 22 and 28(3) place record keeping requirements on persons engaged in the supply of medicated feedingstuffs and in the retail supply of products used to manufacture them. There are provisions controlling the manufacture, retail supply, packaging and labelling of particular products used to make medicated feedingstuffs (regulations 20, 21 and 23) and manufacture, packaging, labelling and supply of medicated feedingstuffs (regulations 24 to 28). Further controls are contained in regulations 29 to 34. Breach of the regulations is an offence under regulation 38, with penalties set out in regulation 39 and a defence in regulation 41. The Regulations exclude the application of the Medicines Act 1968 save for matters in relation to animal test certificates (regulation 43). A Regulatory Appraisal has been prepared and a copy has been placed in the library of each House of Parliament.

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 0.72.

Basis
the provision states liability on summary conviction; the provision states a penalty in older drafting
Confidence
0.72 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