UK Offence Report

Offences and penalties

regulation 6(1) of The Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999

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

1 Any person who, without reasonable excuse–

a intentionally or recklessly defaces, obliterates or removes any mark applied to any bovine animal or carcase under regulation 4(1)(c) above;

b intentionally or recklessly contravenes regulation 4(2) above; or

c contravenes regulation 5(1) above, 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 This is the text as originally made; later amendments are not shown here.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
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally, recklessly).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally, recklessly; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

1 Any person who, without reasonable excuse– a intentionally or recklessly defaces, obliterates or removes any mark applied to any bovine animal or carcase under regulation 4(1)(c) above; b intentionally or recklessly contravenes regulation 4(2) above; or c contravenes regulation 5(1) above, shall be g

What would breach regulation 6(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.

  1. Doing the thing the provision prohibits under the Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
3 months

this is the level 5 value when the instrument came into force (1999-04-15); 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

The Ministry of Justice records offences under this instrument against offence code 11002 — 11002 - Offences under the Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999. That code may cover several provisions of the instrument, so a count against it is not a count of prosecutions under this provision alone.

No published per-offence figure was found for this provision. Offences created by statutory instrument very largely do not have their own code in the MoJ’s Outcomes by Offence data tool. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
17 March 1999
In force from
15 April 1999
Extent
E+W+S

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, which extend to Great Britain, give effect in part to Commission Decision 95/287/EC amending Commission Decision 94/474/EEC concerning certain protection measures relating to bovine spongiform encephalopathy (OJ No. L181, 1.8.95, p. 40) and in part to Article 4(1) of Commission Decision 98/272/EC on epidemio-surveillance for bovine spongiform encephalopathy (OJ No. L122, 24.4.98, p. 59). These Regulations– enable samples to be taken for the purpose of enabling the Official ELISA tests for the identification of ruminant protein in feed intended for ruminants to be carried out (regulation 3). The obligation to carry out those tests is contained in the text added to Article 3(3)(c) of Decision 94/474/EEC by Article 1(1) of Decision 95/287/EC; make provision for the investigation by veterinary inspectors of bovine spongiform encephalopathy as part of a programme of monitoring carried out by the appropriate Minister under Article 4(1) of Commission Decision 98/272/EC (regulation 4(1)). This includes the inspection, examination and testing of bovine animals and carcases, the taking of samples, marking the animals and their carcases and examining records; require that people in charge or in possession of bovine animals and carcases of bovine animals co-operate with any such investigation (regulation 4(2)); make provision for the entry onto premises by authorised officers in connection with any such investigation (the remaining provisions of regulation 4); prohibit the obstruction of and other activities in relation to veterinary inspectors and authorised officers who are acting in the execution of these Regulations (regulation 5); provide for offences and penalties (regulations 6 and 7); provide that the Regulations are to be enforced by the local authority, subject to a power of the appropriate Minister to direct (in relation to a particular case or class of case) that the enforcement of the Regulations is to be undertaken by him and not by the local authority (regulation 8); make provision for the appointment of authorised officers by the appropriate Minister and the local authority for the purpose of the Regulations (regulation 9). A regulatory impact assessment has been prepared for these Regulations and placed in the library of each House of Parliament. Copies can be obtained from Animal Health (BSE) Division, 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

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