UK Offence Report

Offences and penalties

regulation 14(1) of The Cattle (Identification of Older Animals)Regulations 2000

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 A person contravening regulation 12(1)(a) or (b) above shall be guilty of an offence and liable on summary conviction to

a fine not exceeding level

5 on the standard scale or to imprisonment for

a term not exceeding three months or to both.

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 This is the text as originally made; later amendments are not shown here.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
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies (intentionally) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

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

Classifier’s reasoning: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses intentionally; which element that governs was not determined.

What would breach regulation 14(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 what the provision prohibits, or failing to do what it requires under the Cattle (Identification of Older Animals)Regulations 2000.

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 (2000-12-01); 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.

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

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