UK Offence Report

9 Any pereson who, without lawful authority or excuse, proof of which shall lie on him,— a contravenes or…

article 9 of The Rendering (Fluid Treatment) (England) Order 2001

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

9 Any pereson who, without lawful authority or excuse, proof of which shall lie on him,— a contravenes or fails to comply with any provision of articles 3, 4 or 5 of this Order; b fails to comply with a notice served under article 6(2) of this Order or fails to comply with any provision of such a notice; c defaces, obliterates or removes any mark applied to any thing under article 7(2) of this Order; or d knowingly causes or permits any such contravention or non-compliance, or any such defacement, obliteration or removal, commits an offence against the Act.

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 This is the text as originally made; later amendments are not shown here.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
failing to comply with a notice or direction
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 (knowingly).

“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: knowingly; qualified by lawful excuse (an element).

The defence, as drafted

9 Any pereson who, without lawful authority or excuse, proof of which shall lie on him,— a contravenes or fails to comply with any provision of articles 3, 4 or 5 of this Order; b fails to comply with a notice served under article 6(2) of this Order or fails to comply with any provision of such a notice; c defac

What would breach article 9?

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. Being served with a notice under the Rendering (Fluid Treatment) (England) Order 2001 and doing nothing by the date it specifies.
  2. Doing part of what the notice requires, where it required all of it.
  3. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

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.

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 Animal By-Products Regulations 2005 (revoked)
Revoked on
28 September 2005
Made
20 April 2001
In force from
15 May 2001
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 has effect in England. Article 2 of the Order defines ruminant related fluid and Article 3 makes provision in relation to the rendering, treatment and discharge of ruminant related fluid. Article 4 makes provision in relation to the testing of treated fluid. Article 5 imposes record keeping requirements and Article 6 imposes requirements in relation to cleansing and disinfection. Article 7 makes provision in relation to powers of inspectors and Article 8 makes provision in relation to compliance with notices. Article 9 provides offences and Article 10 provides for enforcement of the Order. Copies of the texts referred to in Article 4 are available from the Environment Agency, Wheatcroft Office Park, Landmere Lane, Edwalton, Nottingham NG12 4DG. A Regulatory Impact Assessment in relation to this Order has been prepared and placed in the Library of each House of Parliament. Copies can be obtained from the BSE Division of the Ministry of Agriculture, Fisheries and Food, 1A Page Street, London SW1P 4PQ.

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 “commits 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