UK Offence Report

Offences and penalties

regulation 16(1) of The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 2003

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, in connection with these Regulations or the Community legislation, makes

a statement or uses

a document which he knows to be false in

a material particular, or recklessly makes

a statement or uses

a document which is false in

a material particular, shall be guilty of an offence and liable on summary conviction to

a fine not exceeding level

5 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
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 (recklessly).

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: recklessly.

What would breach regulation 16(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. Entering a figure on a form or return that is known to be wrong under the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 2003.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

this is the level 5 value when the instrument came into force (2003-10-01); 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
3 September 2003
In force from
1 October 2003
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 (“the Regulations”) replace the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1997 (S.I.1997/2844). The Regulations, which extend to the United Kingdom, make provision for the administration of the quota system for sheep annual premium established by Articles 4 to 10 of Council Regulation 2529/01 and the quota system for suckler cow premium established by Articles 6 to 10 of Council Regulation 1254/99. Definitions of those Council Regulations may be found in regulation 2(1) of the Regulations. The Regulations— lay down rules for determining the location of a producer’s holding (regulation 3 as read with Schedule 1); lay down rules for notifying transfers and leases of quota (regulation 4); specify the proportion of quota that is transferred to the national reserve on a transfer of quota without a corresponding transfer of a holding (regulation 5(1)); lay down rules for determining whether or not a producer has transferred quota without also transferring his holding (regulation 6 and Schedule 2); lay down rules in relation to the place of origin, acquisition and use of quota from the national reserve (regulation 7); specify that in certain cases quota may be transferred or leased between sensitive zones as defined by regulation 2(1) (regulation 8); provide for the division of the national reserve into 6 divisions, each division to correspond with a sensitive zone (regulation 9); provide for the distribution of quota in the national reserve among the appropriate divisions (regulation 10); lay down the principles governing allocations of quota from the national reserve (regulation 12, Schedules 3, 4 and 5); establish a quota register and provide for the supply of copies of register entries in specified circumstances (regulations 13 and 14); give specified persons a number of powers which may be used for the purpose of verifying an application for an allocation of quota from the national reserve (regulation 15); create offences and penalties (regulation 16); ensure that reference in these regulations to the sheep annual premium quotas national reserve and the suckler cow premium quotas national reserve for a given scheme or calendar year includes a reference to sheep annual premium quota and suckler cow premium quota carried forward in accordance with The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1997 (regulation 17); revoke S.I. 1997/2844 (regulation 18). The principal changes of substance made by the Regulations are as follows: legislative references have been updated to reflect changes in Community and national legislation since 1997; any quota acquired by the Secretary of State through the Sheep Quota Purchase Scheme and added to the national reserve may be allocated by the Secretary of State (regulation 11(2)); any person who surrendered quota through the Sheep Quota Purchase Scheme shall not acquire additional quota, unless they have acquired land by purchase or tenancy or the Secretary of State is satisfied they have acquired land under written agreement for exclusive occupation for a defined period of time which is in addition to the land that formed part of their holding at the date of their Sheep Quota Purchase Scheme Agreement (regulation 11(3)); revisions have been made to the conditions governing eligibility under category II and category V of the national reserve which are set out in Schedule 3 and to the rules entitling persons falling within category III group (b), category IV or category VI group (a) in the 2003 scheme year to enable them to apply for allocation of quota from the national reserve for the 2004 scheme year (regulation 12(14)). A Regulatory Impact Assessment was not prepared for these Regulations.

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