UK Offence Report

Enforcement

article 16(1) of The Tuberculosis (Deer and Camelid) (England) Order 2014 (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

1 A person who does anything in contravention of this Order commits an offence under section

73 of the Act.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 article 16(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. On these words an offence is committed where a person does anything in contravention of this Order.
  2. Doing the thing the provision prohibits under the Tuberculosis (Deer and Camelid) (England) Order 2014, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 73 of the Act.

penalty is that of the referenced enactment; not stated in this instrument.

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
21 August 2014
In force from
1 October 2014
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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order applies in England and replaces the Tuberculosis (Deer) Order 1989 (S.I. 1989/878) so as to update the disease controls for deer. It introduces tuberculosis disease controls for camelids (llama, alpaca, vicuna and guanaco) for the first time. Article 1(3) provides that the Order is to cease to have effect seven years after it comes into force. Part 2 deals with deer: the notification requirements (articles 3 and 4); veterinary inquiry into the presence of the disease (article 5); testing of deer (article 6); slaughter of deer to prevent spread of tuberculosis (article 7); prohibitions (article 8); precautions against the spread of infection (article 9); identification and movement (article 10). Part 3 deals with camelids: notification of suspected tuberculosis in a carcase (article 11); testing of camelids (article 12); prohibitions (article 13); precautions against the spread of infection (article 14); slaughter of camelids to prevent spread of tuberculosis (article 15); Part 4 contains general provisions. Article 18 provides for the ascertainment of market value for deer as specified in article 4(2)(b) of the Tuberculosis (Deer and Camelid) Slaughter and Compensation (England) Order 2014 (S.I. 2014/2338). Article 19 revokes two Orders, and article 20 contains transitional provisions. In addition article 21 requires the Secretary of State to review the operation and effect of this Order and publish a report within five years after it comes into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Order should remain as it is, or be revoked or be amended. A further instrument would be needed to revoke the Order or to amend it. An impact assessment has not been produced for this instrument as no impact on the costs of the private or voluntary sectors is foreseen. An Explanatory Memorandum covering this Order and the related Tuberculosis (Deer and Camelid) Slaughter and Compensation (England) Order 2014 is published alongside both instruments on www.legislation.gov.uk.

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 “commits an offence”; c10_offence_under_parent_act
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