UK Offence Report

39 Breach of the following provisions is an offence— Provision Description of the offence regulation 5(1)…

regulation 39 of The Trade in Animals and Related Products Regulations 2011

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

39 Breach of the following provisions is an offence— Provision Description of the offence regulation 5(1) Consigning an animal or genetic material without

a health certificate regulation 5(2) Failing to keep

a certificate for at least three years regulation 6(5) Signing

a certificate without being authorised by the Secretary of State regulation 6(6) Signing

a certificate knowing it to be false, or not believing it to be true regulation

7 Notification regulation

13 Importation other than at

a border inspection post regulation

14 Notification regulation 15(1) Failing to present

a consignment for inspection regulation 15(2) Failing to comply with

a notice regulation 16(1) Removal from

a border inspection post without

a CVED regulation 16(2) Failing to transport

a consignment to the place specified in the CVED regulation

17 Movement other than under Customs supervision and failure to notify the Secretary of State regulation

28 Bringing

a non-compliant product into

a warehouse etc. regulation 29(4) Bringing in an animal or product in breach of

a declaration regulation

36 Obstruction regulation 37(3) Disclosure of information Schedule 2: paragraph 5(1) Trading in apes paragraph 6(2) Keeping records paragraph 6(3) Notification of movement paragraph

7 Movement of animal by-products paragraph 8(2) Slaughter of animals paragraph 8(3) Keeping animals at their place of destination paragraph 9(2) Transport of birds to approved quarantine facilities or centres paragraph 9(3) Release of birds from quarantine paragraph

11 Use of

a certificate relating to ships’ stores Schedule

3 paragraph 4(3) Destruction or redispatch in accordance with the authorisation

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 This is the text as originally made; later amendments are not shown here.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
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 (knowing it to be).

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: knowing it to be.

What would breach regulation 39?

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 Trade in Animals and Related Products Regulations 2011.
  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

The Ministry of Justice records offences under this instrument against offence code 9919 — 09919 - Triable either way offences under Trade in Animals and Related Products Regulations 2011. That code may cover several provisions of the instrument, so a count against it is not a count of prosecutions under this provision alone.

No published per-offence figure was found for this provision. Offences created by statutory instrument very largely do not have their own code in the MoJ’s Outcomes by Offence data tool. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
27 April 2011
In force from
25 May 2011
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 revoke and replace the eight sets of Regulations specified in regulation 44. They establish a system for trade between member States in live animals and genetic material (Part 2) and for the importation of live animals, genetic material and products of animal origin from outside the European Union (Part 3). The European Union legislation required to be complied with before animals or goods can be released from control at the port of importation (the “border inspection post”) is listed in Schedule 1. As before, the Secretary of State is empowered (in Part 4) to prohibit importation into England of any animal or product in the event of a disease outbreak outside the United Kingdom. The Regulations are enforced by the Secretary of State, port health authorities, local authorities and the United Kingdom Border Agency in the circumstances set out in regulation 32. The Regulations establish various offences, punishable on summary conviction to a fine up to the statutory maximum or on conviction on indictment to an unlimited fine (or in the case of disclosure relating to customs information imprisonment for up to three months) A full impact assessment has not been produced for this instrument as no new impact on the private, voluntary or public sectors is foreseen.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.88 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