19 Any person who— a contravenes or fails to comply with regulation 5(1) or 12; or b fails to supply or…

Q: Is regulation 19 of The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 a strict liability offence?

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.

regulation 19 of The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000

Revoked
Strict liability
Energy, communications, water and utilities

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

19 Any person who—
a contravenes or fails to comply with regulation 5(1) or 12; or
b fails to supply or retain
a copy of the appropriate documentation as required by regulation 9(3), 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 This is the text as originally made; later amendments are not shown here.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: 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 regulation 19?

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.

Doing the thing the provision prohibits under the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000, whatever the reason for doing it.
Where the requirement is a positive duty, letting the time for performing it pass without performing it.

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.

Environmental offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 July 2014
Covers unauthorised or harmful deposit, treatment or disposal of waste, illegal discharges to air, land and water, and the equivalent offences committed by organisations. It is the guideline that introduced turnover bands for corporate fines, so the size of the defendant company is a starting point rather than a mitigating detail.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
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

The Ministry of Justice records offences under this instrument against offence code 19696 — 19696 - Contravening or failing to comply with Regulations 5(1) or 12 of Radio Equipment and Telecommunications Terminal Equipment Regulations 2000. 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: Revoked
Revoked by: The Radio Equipment Regulations 2017
Revoked on: 26 December 2017
Made: 9 March 2000
In force from: 8 April 2000
Extent: Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

These Regulations implement Directive 1999/5/EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity. Regulation 3 applies the Regulations to all radio or telecommunications terminal equipment (“RTTE equipment”) except for apparatus covered by certain other Directives or Regulations, apparatus used for purposes of public security, defence or criminal enforcement and equipment specified in Schedule 1. Regulation 4 prescribes the essential requirements that must be satisfied by RTTE equipment. Regulation 5 prohibits RTTE equipment from being placed on the market or put into service until certain provisions have been complied with, except where it is for export, reprocessing or display at a trade fair (regulation 6), where public telecommunication operators to refuse connection in order to protect the network (regulation 7) or where, during a one-year transitional period, it complies with the provisions being superseded by these Regulations (regulation 8). Regulations 9 to 13 provide for conformity assessment, CE marking, accompanying information, notices to the Secretary of State and publication of information. Regulations 14 to 16 provide for notified bodies to carry out conformity assessment and for their fees. Regulation 17 modifies existing telecommunication licences in compliance with the Directive. Regulations 18 to 23 provide for enforcement. A Regulatory Impact Assessment is available and can be obtained from Communications and Information Industries Directorate, Department of Trade and Industry, 151 Buckingham Palace Road, London SW1W 9SS.

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 Every offence this instrument creates, and its explanatory note
Energy, communications, water and utilitiesOther offences on the same subject
Offences created in 2000