What would breach regulation 14(2) of The Wine Regulations 2011?

Being served with a notice under the Wine Regulations 2011 and doing nothing by the date it specifies. Doing part of what the notice requires, where it required all of it. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

2 It is an offence for a person to— a fail to comply with an enforcement notice or a prohibition notice; b…

Q: Is regulation 14(2) of The Wine Regulations 2011 a strict liability offence?

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.

regulation 14(2) of The Wine Regulations 2011

Status not determined
Strict liability
Either way
Food, consumer protection, trading standards, product safety and age-restricted sales

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

2 It is an offence for
a person to—
a fail to comply with an enforcement notice or
a prohibition notice;
b fail to comply with
a provision of the European Regulations at any time after that person has received
a warning notice in respect of that provision.

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 This is the text as originally made; later amendments are not shown here.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: failing to comply with a notice or direction
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 14(2)?

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.

Being served with a notice under the Wine Regulations 2011 and doing nothing by the date it specifies.
Doing part of what the notice requires, where it required all of it.
Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

Penalty

Mode of trial: Either way — magistrates’ court or Crown Court
Maximum fine: £5,000
Maximum prison (summary): Not determined

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
Imposition of community and custodial sentences: definitive guideline All courts in England and Wales
When a community order or custody is justified at all, and the presumption against short custodial sentences.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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: 6 December 2011
In force from: 30 December 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

These Regulations enforce in the United Kingdom— Council Regulation (EEC) No 1601/91 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ No L 149, 14.6.1991, p.1); the provisions of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) relating to wine (OJ No L 299, 16.11.20007, p.1); Commission Regulation (EC) No 555/2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ No L 170, 30.6.2008, p.1); Commission Regulation (EC) No436/2009 laying down detailed rules for the application of Council Regulation (EC) No479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (OJ No L 128, 27.5.2009, p.15); Commission Regulation (EC) No606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (OJ No L 193, 24.7.2009, p.1); Commission Regulation (EC) No607/2009 of 14July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (OJ No L 193, 24.7.2009, p.60). These are defined as “the European Regulations” in regulation 2. Regulation 3 sets out the enforcement authority for the purposes of the European Regulations and regulation 4 sets out the competent authority. Regulation 5 requires those who plant more than 0.1ha of vines and are not already registered to register with the Food Standards Agency. Regulation 6 and Schedules 1 and 2 set out the requirements for protected geographical indications and protected designations of origin. Regulations 8 to 17 set out enforcement related provision. In particular, regulation 14 creates offences in relation to breach of the European Regulations and regulation 15 sets out the penalties on conviction. Regulation 18 requires the Secretary of State to review these Regulations and publish a report at a maximum interval of every five years. Regulation 19 makes amendments consequential on repeals made by the European Regulations. An impact assessment for this instrument has not been produced as no impact on the private, voluntary or public sectors is foreseen.

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Wine Regulations 2011 Every offence this instrument creates, and its explanatory note
Food, consumer protection, trading standards, product safety and age-restricted salesOther offences on the same subject
Offences created in 2011