UK Offence Report

Execution of warrants - contents of appropriate statement

regulation 3(1) of The Human Fertilisation and Embryology (Procedure on Applications and Execution of Warrants) Regulations 2010

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 An appropriate statement which is given under paragraph 6 of Schedule 3B (execution of warrants) must contain the following information— a a statement that the investigator is authorised by the Authority to act for the purposes of paragraph 5 of Schedule 3B (entry and search in connection with a suspected offence); b a statement that the person to whom the appropriate statement is given may require the investigator to produce evidence of the investigator’s identity and authorisation; c a statement that the investigator is entitled, if need be, to enter the premises by force; d a description of the investigator’s powers under paragraphs 7(2) to (4) of Schedule 3B (seizure in the course of inspection or search) to seize anything on the premises; e a description of the requirement under paragraph 7(5) of Schedule 3B, where anything is seized, for the investigator to leave on the premises a statement giving particulars of what the investigator has seized and stating that the investigator has seized it; f a description of the investigator’s powers under paragraph 8 of Schedule 3B (supplementary provision)— i to bring such other persons and equipment as the investigator reasonably considers necessary; ii to inspect equipment; iii to inspect and take copies of records; iv to observe the carrying on of licensed activity on the premises, where applicable; v to require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power of entry, inspection or search to be exercised; g a description of the requirement under paragraph 9(2) of Schedule 3B for the investigator to prepare a written report of the search and to give a copy of the report to the appropriate person if requested to do so; h a statement that it is an offence under paragraph 10 of Schedule 3B (enforcement) for a person— i to fail without reasonable excuse to comply with a requirement under paragraph 8(3) of Schedule 3B; or ii intentionally to obstruct the exercise of any right under Schedule 3B.

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
an authority
Conduct
obstructing an official exercising a power
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 (intentionally).

“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: intentionally; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

aph 10 of Schedule 3B (enforcement) for a person— i to fail without reasonable excuse to comply with a requirement under paragraph 8(3) of Schedule 3B; or ii intentionally to obstruct the exercise of any right under Schedule 3B.

What would breach regulation 3(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 Human Fertilisation and Embryology (Procedure on Applications and Execution of Warrants) Regulations 2010.
  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
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
8 March 2010
In force from
6 April 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 are made in consequence of amendments to the Human Fertilisation and Embryology Act 1990 (“the 1990 Act”) made by the Human Fertilisation and Embryology Act 2008. They cover two separate matters relating to the procedures of the Human Fertilisation and Embryology Authority (“the Authority”). Regulation 2 empowers the Licence Committee of the Authority, when it is to determine an application for the grant, revocation or variation of a licence at a hearing, to require a person to attend and give evidence, or to produce documents. Regulation 3 makes provision relating to the execution of warrants. By paragraph 6 of Schedule 3B to the 1990 Act, a person entering and searching premises under a warrant must give the occupier or person in charge of the premises a copy of the warrant and “an appropriate statement”. This regulation sets out the information which must be included in that statement.

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