UK Offence Report

Amendments to the Specified Risk Material Regulations 1997

regulation 2(12) of The Specified Risk Material (Amendment) Regulations 1998

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

12 In regulation 29 (offences and penalties) the following paragraph is inserted between paragraphs (2) and (3)— 2A If any person makes

a declaration under regulation 10(10)(b) above—

a knowing it to be false or misleading in

a material particular; or

b being reckless as to whether it is false or misleading in

a material particular, he shall be guilty of an offence and 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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowing it to be).

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

Classifier’s reasoning: mens rea word in the offence-creating words: knowing it to be.

What would breach regulation 2(12)?

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. Entering a figure on a form or return that is known to be wrong under the Specified Risk Material (Amendment) Regulations 1998.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Summary only — tried in a magistrates’ 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 (1998-10-19); 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
Status not determined
Made
28 September 1998
In force from
19 October 1998
Extent
Not stated

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 amend the Specified Risk Material Regulations 1997 (S.I. 1997/2965, as already amended by S.I. 1997/3062). Those Regulations extend to Great Britain only. The amendments made by these Regulations have effect to allow the export to certain premises in France of carcases of older sheep containing spinal cord which is “specified risk material”. “Specified risk material” is defined in regulation 2(1) of S.I. 1997/2965. The amendments work by disapplying regulation 7(1) of S.I. 1997/2965 (prohibition on selling for human consumption specified risk material or food containing same) and part of regulation 10(2) of that instrument (requirement for slaughterhouse operator to remove specified risk material from carcases of sheep slaughtered there) in the case of those sheep carcases containing spinal cord which is specified risk material which are intended for export whole direct to listed premises. Definitions of “intended for export whole” (together with a related expression) and “listed premises” are inserted into regulation 2 of S.I. 1997/2965 (interpretation). A new regulation (regulation 16A) is inserted into S.I. 1997/2965, requiring the marking of those sheep carcases containing spinal cord which is specified risk material which are intended for export whole direct to listed premises. Amendments are also made to regulation 17 of S.I. 1997/2965 (transportation of unmarked carcases of sheep and goats) to ensure that the sheep carcases concerned are moved in sealed vehicles and are accompanied by appropriate documentation during transport. Regulation 19 of S.I. 1997/2965 (possession of unmarked carcases of sheep and goats) is also amended— to ensure, first, that a person transporting the sheep carcases concerned (those containing spinal cord which is specified risk material and which are intended for export whole direct to listed premises) has in possession further documentation and, second, that the carcases are appropriately marked; and to enable the carcases concerned to be brought within the scope of section 9 of the Food Safety Act 1990 (1990 c. 16) (inspection and seizure of suspected food). A further new regulation (regulation 19A) is inserted into S.I. 1997/2965, imposing requirements with respect to the arrival of the carcases concerned at the listed premises to which it was intended they should be transported. A regulatory appraisal for these Regulations has been prepared. A copy of it has been placed in the library of each House of Parliament. Further copies of it can be obtained from the Animal Health (BSE and International Trade) Division of the Ministry of Agriculture, Fisheries and Food at Government Buildings, Hook Rise South, Tolworth, 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