UK Offence Report

Young lamb and goat stamps

paragraph 10(3) of Schedule THE SCHEDULE of The Transmissible Spongiform Encephalopathies (No. 2) (Amendment) Regulations 2008 (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

3 It is an offence for any person other than an inspector to apply the stamp or

a mark resembling the stamp, or to possess equipment for applying it.

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 This is the text as originally made; later amendments are not shown here.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 paragraph 10(3) of Schedule THE SCHEDULE?

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 Transmissible Spongiform Encephalopathies (No. 2) (Amendment) Regulations 2008.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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
Status not determined
Made
24 April 2008
In force from
26 April 2008
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 amend the Transmissible Spongiform Encephalopathies (No. 2) Regulations 2006 (S.I. 2006/1228, as already amended), which provide for the enforcement in relation to England of Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ No. L147, 31.5.2001, p.1) as amended by and as read with the Community instruments set out in Schedule1 to S.I.2006/1228. The principal amendment is that a revised Schedule 6 is inserted into S.I. 2006/1228 (regulation 2(3)). Schedule 6 to S.I. 2006/1228 currently provides for the enforcement of the revised text of AnnexV to Regulation (EC) No. 999/2001 that was inserted into that Regulation by Commission Regulation (EC) No. 722/2007 (OJ No. L164, 26.6.2007, p.7). Commission Regulation (EC) No. 357/2008 (OJ No. L111, 23.4.2008, p.3) has amended that revised text by substituting for the provision designating vertebral column of bovine animals aged over 24months at slaughter as specified risk material a provision designating vertebral column of bovine animals aged over 30 months at slaughter as specified risk material. The revised Schedule 6 inserted into S.I. 2006/1228 by these Regulations provides for the enforcement of Annex V to Regulation (EC) No. 999/2001 as now amended by Commission Regulation (EC) No. 357/2008. Paragraph 20 of Schedule 6 provides for transitional arrangements in relation to the consignment of meat derived from bovine animals slaughtered before the coming into force of these Regulations and aged 30 months or less at slaughter to butcher shops and cutting plants. These Regulations also— make consequential amendments to paragraph (1) of regulation 2 (interpretation) of S.I.2006/1228 in the light of the amendment to the revised text of Annex V to Regulation (EC) No. 999/2001 referred to in paragraph 4 above and the revised Schedule 6 to S.I. 2006/1228 referred to in paragraph 5 above (regulation 2(2)); update the wording of paragraph 2 of Schedule 7 to S.I. 2006/1228 to provide for the enforcement of point 10.3 of Annex V to Regulation (EC) No. 999/2001 (prohibition on export outside the Community of heads and fresh meat of bovines, ovines and caprines containing specified risk material) (regulation 2(4)); and revoke the Beef Bones Regulations 1997 (S.I. 1997/2959), which extend to the whole of Great Britain, in so far as they apply in relation to England (regulation 3). An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the SRM Branch, TSE Division, of the Food Standards Agency at Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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