UK Offence Report

Any person breaking any of the following byelaws shall be liable on summary conviction to a fine not…

paragraph 3 of SCHEDULE of The New Forest (Confirmation of the Byelaws of the Verderers of the New Forest) Order 1999

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

3 Any person breaking any of the following byelaws shall be liable on summary conviction to

a fine not exceeding level one 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 This is the text as originally made; later amendments are not shown here.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.

What would breach paragraph 3 of SCHEDULE?

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. Doing what the provision prohibits, or failing to do what it requires under the New Forest (Confirmation of the Byelaws of the Verderers of the New Forest) Order 1999.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
Not determined
Maximum prison (summary)
Not determined

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
Revoked
Revoked by
The New Forest (Confirmation of the Byelaws of the Verderers of the New Forest) Order 2003
Revoked on
18 December 2003
Made
28 July 1999
In force from
9 August 1999
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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order confirms byelaws made by the Verderers of the New Forest in exercise of their powers under section 25 of the New Forest Act 1877 (c. cxxi). The new byelaws revoke and replace with amendments previous byelaws made by the Verderers and the order revokes the orders confirming the revoked byelaws. The byelaws make provision in relation to:– a prohibiting unauthorised animals from being in the Forest – byelaw 4; b appointing persons to be responsible for the management of animals – byelaw 5; c the marking of animals and the making of payments to the Verderers for the exercise of certain rights – byelaws 6 to 8, 22 and 23; d protection of the health of animals in the forest – byelaws 8 to 13; e the identification of animals in the Forest and the use of marks – byelaws 14 and 15; f drifts or rounding up animals in the forest –byelaw 16; g feeding animals in the Forest – byelaw 17; h admitting animals to land enclosed by the Forestry Commissioners – byelaw 18; i the disposal of carcasses – byelaw 19; j damage to fences and gates and keeping gates closed – byelaw 20; By byelaw 3, offences contrary to the byelaws are made punishable by fines not exceeding level 1 on the standard scale. Byelaw 21 makes further provision with respect to enforcement.

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 0.72.

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