UK Offence Report

Penalties

regulation 33(1) of The Animals and Animal Products (Import and Export) (England) Regulations 2005

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 A person contravening any provision of these Regulations, except the provisions contained in paragraph

6 of Part I of Schedule

4 and paragraph

2 of Part I of Schedule 5, or any notice served under them 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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
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 33(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 Animals and Animal Products (Import and Export) (England) Regulations 2005.

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 (2005-08-15); 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
Revoked
Revoked by
The Animals and Animal Products (Import and Export) (England) Regulations 2006 (revoked)
Revoked on
29 June 2006
Made
18 July 2005
In force from
15 August 2005
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations revoke and re-make with changes the Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 (S.I. 2004/2886). They implement Council Directive 90/425/EEC (concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market) (OJ No. L224, 18.8.90, p. 29) and Council Directive 91/496/EEC (laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries) (OJ No. L268, 24.9.91, p. 56). They continue to include the following provisions— With respect to intra-Community trade, the Regulations make it an offence to export, import or transport for intra-Community trade any animal or animal product to which Directive 90/425/EEC applies except in accordance with that Directive (regulations 5, 6 and 7). Schedule 3, Part I sets out the individual instruments governing trade of specific types, and identifies any further requirements. These Regulations provide a statutory basis for the Poultry Health Scheme, which is a means of approving and monitoring poultry establishments engaging in intra-Community trade of poultry and hatching eggs. The approval and monitoring of such establishments is a requirement of Council Directive 90/539/EEC. Regulations 5(5) prohibits exports unless the commodities originate from an establishment which is a member of the Poultry Health Scheme and conforms to the requirements of Directive 90/539/EEC. Schedule 4 sets out how the fees for membership and registration are calculated. It also provides for powers for suspension or revocation of membership under specified circumstances. The Regulations set out the procedures and requirements for the registration of dealers in animals and animal products (regulation 8), and the approval of centres and teams engaging in intra-Community trade in animals and animal products. Regulation 9 and Schedule 5 provide for approval of laboratories to carry out specified poultry health tests. The Regulations place duties on consignees of animals and animal products (regulation 11), and provide for the approval of assembly centres (regulation 12). They specify the procedure to be followed in the case of illegal consignments (regulation 13) and give to inspectors the powers of inspection and examination specified in Directive 90/425/EEC, together with the necessary powers of entry (regulations 10 and 29). With respect to the importation of animals from third countries, the Regulations prohibit the importation of any animal unless the conditions of Council Directive 91/496/EEC are complied with (regulation 16). Schedule 7, Parts I and II set out the individual instruments governing imports from identified third countries, and identifies any further import requirements. They specify the places at which animals may be imported (regulation 17), and the procedure for importation (regulation 18), provide for the payment of fees (regulation 19) and the procedures to be followed where a consignment constitutes a danger to health or is otherwise illegal (regulations 20 and 21) and specify that, at the place of destination, certain animals may not be released until authorised by an authorised officer of the Secretary of State (regulation 22). The Regulations also give powers to the Secretary of State to take action in the event of an outbreak of disease in another state (regulation 27) and make provision for the notification of decisions, powers of entry and penalties. Schedules 3 and 7 have been revised and updated in order to bring the implementation of Community instruments as up-to-date as possible at the time of making. The changes made to the Schedules are in paragraphs 1, 4, 6, 8, 9, 10 and 15 of Part I of Schedule 3, paragraphs 1 and 5 of Part I of Schedule 7 (to which Part a new paragraph 6 has been added to provide separately for a list of third countries from which equines and their genetic material may be imported); and paragraphs 2, 3, 9, 10, 11 and 14 of Part II of Schedule 7 have also been revised and updated. In particular— at paragraph 4 of Schedule 3, Part I, Council Directive 90/426//EEC is now to be read with Council Directive 90/427/EEC, and Commission Decision 93/623/EEC as amended by Commission Decision 2000/68/EC, relating to equine identification in respect of trade, and the notes to that paragraph amend the details relating to the Tripartite Agreement to allow movements of equidae for breeding and production to take place between Ireland, France and the UK without need for official health certification (such animals must be accompanied by a passport in accordance with Commission Decision 93/62/EEC as amended by Commission Decision 2000/68/EC); and at paragraph 6 of the Schedule 3, Part I, the reference to Council Decision 95/410/EC now reflects amendments made by Council Decision 98/227, and the requirements for certificates as to testing for Finland and Sweden have been updated to refer to Commission Decisions 2003/644/EC and 2004/235/EC in respect of breeding poultry, day-old chicks, laying hens and poultry for slaughter. Lastly, Schedule 4 has been revised and extended to reflect new fee arrangements under the Poultry Health Scheme. Provision for a fee to be charged for most of the cost of re-inspections carried out by Defra inspectors under the Scheme has been made (paragraphs 6 to 8 of Part I), with corresponding adjustments in the calculation of the annual membership fee (paragraph 6 of Part III). The re-inspection fee will be charged at 45 per hour or part thereof spent actually conducting the inspection, together with mileage at 33 pence per mile (Part IV). Time spent in travelling to and from premises to carry out a re-inspection is not recovered under this charge. No regulatory impact assessment has been prepared for these Regulations. A regulatory impact assessment was however, prepared for the Animals and Animal Products (Import and Export) Regulations 2000, which are substantially the same as the Regulations of 2000.

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