Penalties

regulation 33(1) of The Animals and Animal Products (Import And Export) Regulations 1998

Revoked
Strict liability
Either way
Dogs, animals, hunting and wildlife

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 A person contravening any provision of these Regulations or any notice served under them 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 This is the text as originally made; later amendments are not shown here.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: 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.

What would breach regulation 33(1)?

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.

Doing what the provision prohibits, or failing to do what it requires under the Animals and Animal Products (Import And Export) Regulations 1998.

Penalty

Mode of trial: Either way — magistrates’ court or Crown Court
Maximum fine: £5,000
Standard scale: Level 5
Maximum prison (summary): 3 months
Maximum prison (on indictment): 2 years

this is the level 5 value when the instrument came into force (1998-03-01); 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.

Animal cruelty: definitive guideline Magistrates' courts in England and Wales · in force from 1 July 2017
Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.
Imposition of community and custodial sentences: definitive guideline All courts in England and Wales
When a community order or custody is justified at all, and the presumption against short custodial sentences.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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 Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000
Revoked on: 28 July 2000
Made: 28 January 1998
In force from: 1 March 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

These Regulations revoke and re-enact with changes the Animal and Animal Products (Import and Export) Regulations 1995 (S.I. 1995/2428) as amended by the Animal and Animal Products (Import and Export) (Amendment) Regulations 1996 (S.I. 1996/1111). The Regulations make new provisions for exports relating to collection centres, markets and assembly centres (regulation 5). They contain a new provision for animals imported for slaughter to be slaughtered without undue delay (regulations 6 and 16). They implement the following Community measures which were omitted from the Animals and Animal Products (Import and Export) (Amendment) Regulations 1996 or have been adopted since those Regulations were made— EC measure Reference in the Regulations Veterinary Checks on imports from third countries Council Directive 96/43/EC(OJ No. L162, 1.7.96, p. 1) Schedule 1 Border Inspection Posts Commission Decision 97/778/EC(OJ No. L315, 19.11.97, p. 15) Schedule 2 Bovine animals and swine Commission Decision 97/835/EC(OJ No. L345, 16.12.97, p. 56) Schedule 3, paragraph 1 Poultry and hatching eggs Commission Decision 97/278/EC(OJ No. L110, 26.4.97, p. 77) Schedule 3, paragraph 6 Aquaculture animals and products Commission Decision 96/94/EC(OJ No. L21, 21.1.96, p. 73); Commission Decision 96/218/EC(OJ No. L74, 22.3.96, p. 42); Commission Decision 96/221/EC(OJ No. L74, 22.3.96, p. 42); Commission Decision 96/233/EC(OJ No. L77, 27.3.96, p. 33); Commission Decision 96/265/EC(OJ No. L91, 12.4.96, p. 72); Commission Decision 96/289/EC(OJ No. L109, 3.5.96, p. 23); Commission Decision 96/490/EC(OJ No. L202, 10.8.96, p. 21); Commission Decision 97/185/EC(OJ No. L77, 19.3.97, p. 31); Commission Decision 97/227/EC(OJ No. L91, 5.4.97, p. 33); Commission Decision 97/228/EC(OJ No. L91, 5.4.97, p. 35); Commission Decision 97/234/EC(OJ No. L94, 9.4.97, p. 15); Commission Decision 97/804/EC(OJ No. L329, 29.11.97, p. 70). Schedule 3, paragraph 8 Third countries from which Member States may authorise certain imports Commission Decision 92/160/EEC(OJ No. L71, 18.3.92, p. 27); Commission Decision 92/161/EEC(OJ No. L71, 18.3.92, p. 29); Commission Decision 95/536/EC(OJ No. L304, 16.12.95, p. 49); Commission Decision 96/279/EC(OJ No. L107, 30.4.96, p. 1); Commission Decision 96/619/EC(OJ No. L276, 29.10.96, p. 18); Commission Decision 96/624/EC(OJ No. L279, 31.10.96, p. 33); Commission Decision 96/659/EC(OJ No. L302, 26.11.96, p. 27); Commission Decision 97/10/EC(OJ No. L3, 7.1.97, p. 9); Commission Decision 97/183/EC(OJ No. L76, 18.3.97, p. 32); Commission Decision 97/232/EC(OJ No. L93, 8.4.97, p. 43)Commission Decision 97/350/EC(OJ No. L150, 7.6.97, p. 44); Commission Decision 97/685/EC(OJ No. L287, 21.10.97, p. 54); Commission Decision 97/736/EC(OJ No. 295, 29.10.97, p. 37). Schedule 5, paragraph 2 Equidae Commission Decision 96/279/EC(OJ No. L107, 30.4.96, p. 1); Schedule 5, paragraphs 7, 18, 19 and 20 Commission Decision 96/486/EC(OJ No. L198, 8.8.96, p. 49); Schedule 5, paragraphs 7, 18, 19 and 20 Commission Decision 97/10/EC(OJ No. L3, 7.1.97, p. 9: Schedule 5, paragraphs 7 and 20 Commission Decision 97/36/EC(OJ No. L14, 17.1.97, p. 57) Schedule 5, paragraphs 19 and 20 Commission Decision 97/160/EC(OJ No. L62, 4.3.97, p. 39) Schedule 5, paragraphs 2, 7, 18 and 20 Commission Decision 97/684/EC(OJ No. L287, 21.10.97, p. 53). Schedule 5, paragraph 18 Ovine and caprine animals Commission Decision 97/231/EC(OJ No. L93, 8.4.97, p. 22); Schedule 5, paragraph 21 Zootechnics Commission Decision 96/509/EC(OJ No. L210, 20.8.96, p. 47); Commission Decision 96/510/EC(OJ No. L210, 20.8.96, p. 53) Schedule 5, paragraph 24 Live animals in relation to Foot and Mouth Disease Commission Decision 96/730/EC(OJ No. L331, 20.12.96, p. 49); Commission Decision 97/782/EC(OJ No. L319, 21.11.97, p. 16) Schedule 5, paragraph 22 Poultry and Hatching Eggs Commission Decision 96/482/EC(OJ No. L196, 7.8.96, p.. 13); Commission Decision 96/483/EC(OJ No. L196, 7.8.96, p. 28)Commission Decision 96/628/EC(OJ No. L282, 1.11.96, p. 73) Schedule 5, paragraph 29 Cyprus Commission Decision 96/650/EC(OJ No. L294, 19.11.96, p. 18) Schedule 5, paragraph 30

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”
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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Animals and Animal Products (Import And Export) Regulations 1998 Every offence this instrument creates, and its explanatory note
Dogs, animals, hunting and wildlifeOther offences on the same subject
Offences created in 1998