UK Offence Report

Offences and penalties

regulation 6(1) of The BSE Monitoring (England) Regulations 2001 (revoked)

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 lawful authority or excuse, proof of which shall lie on him—

a contravenes or fails to comply with regulation 3(1), 3(2) or 3(4); or

b knowingly causes or permits any such contravention or non-compliance, 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 This is the text as originally made; later amendments are not shown here.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 (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

1 Any person who, without lawful authority or excuse, proof of which shall lie on him— a contravenes or fails to comply with regulation 3(1), 3(2) or 3(4); or b knowingly causes or permits any such contravention or non-compliance, shall be guilty of an offence.

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. On these words an offence is committed where a person proof of which shall lie on him— a contravenes or fails to comply with regulation 3(1), 3(2) or 3(4); or b knowingly causes or permits any such contravention or non-compliance.
  2. Doing the thing the provision prohibits under the BSE Monitoring (England) Regulations 2001, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
3 months
Maximum prison (on indictment)
2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
1 May 2001
In force from
1 July 2001
Extent
Not stated

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 make provision for the purpose of dealing in England with the obligations— a in article 1.2 of Commission Decision 2000/764/EC (OJ No. L305, 6.12.2000, p. 35) on the testing of bovine animals for the presence of bovine spongiform encephalopathy and amending Decision 98/272/EC (OJ No. L122, 24.4.1998, p. 59) on epidemio-surveillance for transmissible encephalopathies; and b Commission Decision 2001/233/EC (OJ No. L84, 2001, p. 59) amending Decision 2000/418/EC as regards mechanically recovered meat and bovine vertebral column. These require member States to ensure that certain categories of bovine animals over 30 months of age are examined in accordance with prescribed minimum requirements for monitoring BSE. To enable these obligations are implemented, the Regulations require the person in possession or in charge of a notifiable bovine animal, defined in regulation 2 as a bovine animal aged over 30 months of age which dies on any farm or in transport or which has been killed otherwise than for human consumption, to notify the death to the agent appointed for this purpose by the Ministry of Agriculture, Fisheries and Food. The Regulations provide powers of entry, examination, search and sampling, offences and penalties and enforcement. Related amendments for the purpose of dealing with these Community obligations are made to article 11 of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 (S.I. 1996/3183, amended by S.I. 1997/2387, S.I. 1998/3071 and S.I. 1999/921) and regulations 2 and 26 of the Cattle Identification Regulations 1998 (S.I. 1998/871, amended by S.I. 1998/2969 and S.I. 1999/1339) and regulations 2 and 9 of the Cattle (Identification of Older Animals) Regulations (S.I. 2000/2976). A Regulatory Impact Assessment for these Regulations 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 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