UK Offence Report

Offences and penalties

regulation 10(1) of The Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2009 (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

10 1 Any person who— a intentionally obstructs any person acting in the execution of these Regulations; b without reasonable cause, proof of which lies with that person, fails to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require under these Regulations; c furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading; or d fails to produce a record when required to do so to any person acting in the execution of these Regulations, is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
Legal burden on the defendant

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (for the purpose of obtaining, intentionally, knowing it to be).

The provision gives a defence the defendant must prove, on the balance of probabilities. A legal burden of that kind can be read down to a merely evidential one under section 3 of the Human Rights Act 1998 where placing it on the defendant would be disproportionate (R v Lambert [2001] UKHL 37; Sheldrake v DPP [2004] UKHL 43).

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally, knowing it to be.

The defence, as drafted

5) and purporting to be so signed is deemed to be so signed unless the contrary is proved. 7 In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purposes of this regulation as it applies for the purposes of that section.

What would breach regulation 10(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. Refusing to let an inspector onto premises they are entitled to enter under the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2009.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
3 months
Maximum prison (on indictment)
2 years

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
9 December 2009
In force from
1 January 2010
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 apply throughout the United Kingdom. They revoke with savings the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005 (S.I. 2005/218). They make provision for the implementation of Council Regulation (EC) No. 73/2009 (“the Council Regulation”) (OJ No L 30, 31.1.2009, p 16), in relation to establishing an integrated administration and control system (“IACS”) for direct support schemes under the common agricultural policy. In addition these Regulations implement certain provisions of Commission Regulation (EC) No 1122/2009 (O.J. No L 316, 2,12,2009, p 65), laying down detailed rules for the implementation of the integrated administration and control system. Regulation 3 specifies which competent authority may determine the single application for direct payments, and regulation 4 designates the authority responsible for coordinating the checks referred to in the Council Regulation. Regulation 5 specifies that the last day on which the single application may be submitted to the competent authority is 15th May and provides exceptions if 15th May is either a Saturday, Sunday, Bank Holiday or public holiday. Regulation 6 prescribes the minimum size of an agricultural parcel in respect of which the single application may be made. Regulation 7 provides for the rate of interest that may be charged on a repayment due from the farmer, and regulation 8 specifies that the repayment amount is recoverable as a debt. Regulation 9 confers an authorised person of a competent authority, powers of entry and other powers for the purposes of enforcing the Regulations. Regulation 10 creates offences and penalties. Regulation 11 contains provisions relating to the liability of directors, and regulation 12 relates to proceedings against partnerships and unincorporated associations. Regulation 13 permits competent authorities to enter into agency arrangements with each other for the purpose of exercising their IACS functions specified in the Council Regulation. Regulation 14 enables set off between sums due to competent authorities and sums due to a farmer. Regulation 15 revokes the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005, but provides savings. A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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”; the provision states liability on summary conviction
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