Penalties

regulation 24(1) of The Import and Export Restrictions (Foot-And-Mouth Disease) (Wales) (No. 11) Regulations 2001

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

1 A person contravening any provision of these Regulations shall be guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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 24(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.

Doing what the provision prohibits, or failing to do what it requires under the Import and Export Restrictions (Foot-And-Mouth Disease) (Wales) (No. 11) Regulations 2001.

Penalty

Mode of trial: Either way — magistrates’ court or Crown Court
Maximum fine: Not determined
Standard scale: Level 5
Maximum prison (summary): 3 months
Maximum prison (on indictment): 2 years

the level is stated but no money value is given: this instrument extends outside the United Kingdom, where the standard scale set by s.122(1) of the Sentencing Act 2020 does not run.

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: 5 November 2001
In force from: 6 November 2001
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 Commission Decision 2001/763/EC, which amended Decision 2001/740/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom. They revoke and replace the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No. 10) Regulations 2001 (S. I. 2001/3459 (W.279)) and the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No. 10) (Fees) Regulations 2001 (S. I. 2001/3511 (W.282)). (regulation 7). They regulate— · the import and export of live animals (regulation 4) · the export of fresh meat (including minced meat and meat preparations) from bovine, ovine caprine and porcine animals, and provide that meat from porcine and bovine animals from certain counties (including animals raised in some counties in Scotland and England) can be exported subject to conditions (regulation 5 and the Schedule). The names of former counties are included because they are referred to in the Commission Decision. · the export of meat products, milk, milk products (regulations 6, 7 and 8) · the export of semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates (regulation 9), hides and skins (regulation 10) and various animal products (regulation 11) · the export of equidae (regulation 15). They create an offence of offering to export anything which it is prohibited to export under the Regulations (regulation 16). They provide for the charging of fees in relation to supervision and inspection (regulation 20). They provide powers for enforcement, and powers for officers of HM Customs and Excise (regulations 17, 18 and 19) and create an offence of obstruction (regulation 21). Breach of the Regulations is an offence. In the case of obstruction, the maximum penalty on summary conviction is a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both. A person guilty of any other offence under these Regulations is 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. The Regulations are enforced by local authorities (regulation 26).

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 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 Import and Export Restrictions (Foot-And-Mouth Disease) (Wales) (No. 11) Regulations 2001 Every offence this instrument creates, and its explanatory note
Dogs, animals, hunting and wildlifeOther offences on the same subject
Offences created in 2001