UK Offence Report

Offences and penalties

regulation 19(2) of The Common Agricultural Policy (Wine) (Wales) Regulations 2001

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 If any person— a contravenes, or fails to comply with, any obligation or condition contained in any of the relevant Community provisions referred to in column 1 or 2 of Parts IV, VI, VII or VIII of Schedule 2, or b discloses to any other person any information obtained by him or her in pursuance of his or her duties under these Regulations, unless the disclosure is made in, or for the purposes of, the performance by him or her or any other person of any functions under these Regulations, or in pursuance of a Community obligation,he or she shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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 regulation 19(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.

  1. Doing the thing the provision prohibits under the Common Agricultural Policy (Wine) (Wales) Regulations 2001, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£2,500
Standard scale
Level 4
Maximum prison (summary)
Not determined

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
Revoked
Revoked by
The Wine Regulations 2011
Revoked on
30 December 2011
Made
12 June 2001
In force from
1 August 2001
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

(This note does not form part of the Regulations) The Common Agricultural Policy (Wine) (Wales) Regulations 2001 revoke the Common Agricultural Policy (Wine) Regulations 1996 S.I. 1996/696 (as amended) in so far as they apply to Wales. The Regulations, which come into force on 1st August 2001, provide for the enforcement of EC Regulations (as specified in Schedules 1 and 2) concerned with the production and marketing of wine and related products. The Regulations— i designate authorities for the purposes of enforcing the EC Regulations (regulation 3); ii define “medium dry” for the purposes of labelling and description (regulation 4); iii specify the vine varieties classified for the production of wine (including quality wine psr (produce of a specific region)) in Wales (regulation 5); iv specify conditions for the use of geographical indications for the designation of table wine (regulation 6); v provide for powers of inspection and enforcement (regulation 7); vi authorise controls on the movement of wine-sector products (regulations 8 and 9); vii provide for reviews of prohibitions etc. on movement of wine-sector products and notification of rights of review (regulation 10); viii relieve authorised officers of personal liability for acts done by them in execution of the Regulations (regulation 11); ix confer on courts before which proceedings are brought powers in relation to the analysis and examination of samples (regulation 12); x specify the regions in Wales for producing quality wines psr (regulation 13); xi specify the minimum natural alcoholic strength, maximum yield per hectare and analytical test in the production of quality wine psr and permit the production of such wine in areas of immediate proximity to the specified regions and designates the competent body to deal with such wine (regulations 14 to 18); and xii prescribe offences and penalties and provide defences (regulations 19 to 23). No Regulatory Appraisal has been prepared in respect of the Regulations.

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 0.92.

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