Obstruction

regulation 12(1) of The Cattle (Identification of Older Animals)Regulations 2000

• Status not determined
• Requires proof of a state of mind
• Dogs, animals, hunting and wildlife

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 No person shall—

a intentionally obstruct any person acting in the execution of these Regulations;

b without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations, or fail to comply with any notice served on him under these Regulations; or

c furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading; and any person who contravenes or fails to comply with this regulation 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 This is the text as originally made; later amendments are not shown here.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

obstructing an official exercising a power

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 (intentionally).

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: intentionally.

What would breach regulation 12(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. On these words an offence is committed where a person contravenes or fails to comply with this regulation.
2. Refusing to let an inspector onto premises they are entitled to enter under the Cattle (Identification of Older Animals)Regulations 2000.
3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
4. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial

Not determined

Maximum fine

Not determined

Maximum prison (summary)

Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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.

• 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.

• 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

Status not determined

Made

6 November 2000

In force from

1 December 2000

Extent

E

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 England, implement the provisions of Council Regulation (EC) No. 1760/2000 in relation to older cattle. They require cattle born before 1st July 1996 (which is when the first cattle passports were issued) which are not already registered with the Ministry of Agriculture, Fisheries and Food on a voluntary basis to be registered before 29th January 2001 (regulation 5). They require the location of all cattle with passports without movement cards not already registered with the Minister to be notified (regulation 6). They provide for the issue of movement cards to cattle born before 28th September 1998 (which is when the passports with movement cards were first issued) and require notification to the Minister when these animals are moved. They also provide for the use of electronic notification of movement as an alternative to notification using movement cards, and for a register of approved users of electronic notification (regulations 7 and 8). They make provision for the notification of the death of cattle born before 1st July 1996 (regulation 9). They make provision for powers of inspectors (regulation 10) and provide for an officer of the Minister to impose movement restrictions for cattle to which the Regulations relate (regulation 11). They make provision for obstruction of inspectors (regulation 12) and for bodies corporate (regulation 13). Failure to comply with the Regulations is an offence punishable as specified in regulation 14. They are enforced by the Minister or the local authority (regulation 15). The database and the register of approved users of electronic mail are maintained by— The British Cattle Movement Service Curwen Road Workington Cumbria CA14 2DD

Read the full note and every offence in this instrument

Other offences in the same instrument

• A person contravening regulation 12(1)(a) or (b) above shall be guilty of an offence and liable on summary…regulation 14(1)
• A person contravening any other provision of these Regulations or any notice served under these Regulations…regulation 14(2)

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 Cattle (Identification of Older Animals)Regulations 2000 Every offence this instrument creates, and its explanatory note
• Dogs, animals, hunting and wildlifeOther offences on the same subject
• Offences created in 2000