Offences and penalties

regulation 14(2) of The Cattle (Identification of Older Animals) (Wales) Regulations 2000

Status not determined
Strict liability
Either way
Dogs, animals, hunting and wildlife

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 A person contravening any other provision of these Regulations shall be guilty of an offence and liable —
a on summary conviction, to
a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b on conviction on indictment, to
a fine or to imprisonment for
a term not exceeding two years or to both.

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 This is the text as originally made; later amendments are not shown here.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: breaching the provision
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.

Doing what the provision prohibits, or failing to do what it requires under the Cattle (Identification of Older Animals) (Wales) Regulations 2000.

Penalty

Mode of trial: Either way — magistrates’ court or Crown Court
Maximum fine: £5,000
Standard scale: Level 5
Maximum prison (summary): 3 months
Maximum prison (on indictment): 2 years

this is the level 5 value when the instrument came into force (2000-12-25); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

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.

Animal cruelty: definitive guideline Magistrates' courts in England and Wales · in force from 1 July 2017
Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.
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: 19 December 2000
In force from: 25 December 2000
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, which apply to Wales, implement the provisions of Council Regulation (EC) No. 1760/2000 in relation to older cattle. They require cattle born before 1st July 1996 (which is when the first cattle passports were issued) which are not already registered with the National Assembly for Wales on a voluntary basis to be registered before 29th January 2001 (regulation 5). They require the keepers of cattle to notify the National Assembly of the location of cattle not previously registered with the National Assembly(regulation 6). They provide for the issue of movement cards to cattle born before 28th September 1998 (which is when the passports with movement cards were first issued) and require notification to the National Assembly when these animals are moved. They also provide for the use of electronic notification of movement as an alternative to notification using movement cards, and for a register of approved users of electronic notification (regulations 7 and 8). They make provision for the notification of the death of cattle born before 1st July 1996 (regulation 9). They make provision for powers of inspectors (regulation 10) and provide for an officer of the National Assembly to impose movement restrictions for cattle to which the Regulations relate (regulation 11). They make it an offence to obstruct inspectors (regulations 12 and 14(1)). Failure to comply with other obligations created by the Regulations is an offence punishable as specified in regulation 14(2). Specific provision is made in regulation 13 for offences committed by corporate bodies. They are enforced by the National Assembly or local authorities (regulation 15). The database and the register of approved users of electronic mail are maintained on behalf of the National Assembly for Wales by— The British Cattle Movement Service Curwen Road Workington Cumbria CA14 2DD A regulatory appraisal has been prepared in accordance with section 65 of the Government of Wales Act 1998 and the Standing Orders of the National Assembly for Wales. Copies can be obtained from the National Assembly for Wales, Agriculture Policy Division, Cathays Park, Cardiff, CF10 3NQ.

Read the full note and every offence in this instrument

Other offences in the same instrument

Obstructionregulation 12(1)
A person contravening regulation 12(1)(a) or (b) above shall be guilty of an offence and liable on summary…regulation 14(1)

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”
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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Cattle (Identification of Older Animals) (Wales) Regulations 2000 Every offence this instrument creates, and its explanatory note
Dogs, animals, hunting and wildlifeOther offences on the same subject
Offences created in 2000