UK Offence Report

Offences and penalties

regulation 7(1) of The Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (Wales) Regulations 2005

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 Any person who contravenes any provision of regulation

6 will 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 This is the text as originally made; later amendments are not shown here.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
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 7(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. Doing the thing the provision prohibits under the Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (Wales) Regulations 2005, 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
£5,000
Maximum prison (summary)
6 months
Maximum prison (on indictment)
2 years

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.

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 Transmissible Spongiform Encephalopathies (Wales) Regulations 2006 (revoked)
Revoked on
3 May 2006
Made
24 May 2005
In force from
1 June 2005
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.

These Regulations, which apply in relation to Wales only, amend the Bovines and Bovine Products (Trade) Regulations 1999 (S.I. 1999/1103, as amended by S.I. 1999/1554, S.I. 2000/656, S.I. 2002/1174, S.I. 2002/2325 — “the BBPTR”) in so far as they apply in relation to Wales. The BBPTR give effect to Commission Decisions 98/692/EC (OJ No. L238, 4.12.98, p.28) and 98/564/EC (OJ No. L273, 9.10.98, p.37) which amended Council Decision 98/256/EC (OJ No. L113, 15.4.98, p.32). The Regulations amend the BBPTR to — lift the prohibition on the production of collagen derived from bovine animals slaughtered in the United Kingdom and intended for human consumption in the United Kingdom (regulations 3 and 4). The prohibition on export of such collagen from Great Britain remains in force (regulation 4 of the BBPTR); and make consequential amendments to regulation 9 of the BBPTR to enable use of such collagen in products for human consumption in the United Kingdom (regulation 5). The Regulations also impose requirements on the production of collagen derived from a bovine animal slaughtered in the United Kingdom and intended for human consumption in the United Kingdom until the end of 2005 (regulation 6) (“domestic production”). The Regulations apply to domestic production requirements that reflect those which, under Council Directive 92/118/EEC, apply to production of collagen for human consumption for intra-Community trade. The Regulations— apply requirements relating to raw materials and establishments supplying them, transport and storage of raw materials, establishments producing collagen, manufacture of collagen, finished products, and wrapping, packaging, storage and transport of collagen intended for human consumption in the United Kingdom (The Schedule, Part 1); require establishments producing collagen, and collection centres and tanneries supplying the raw materials for such production, to be authorised in accordance with regulations 4 and 5 respectively of the Collagen and Gelatine (Intra-Community Trade) (Wales) Regulations 2003 (S.I. 2003/3229) which implement the requirements of Commission Decision 2003/721/EC amending Council Directive 92/118/EEC (The Schedule, Part 1); and provide that contravention of the requirements of regulation 6 is an offence, specify penalties for that offence, apply certain provisions of the Food Safety Act 1990 (1990 c. 16, as amended by S.I. 2004/2990) for the purposes of regulation 6 and 7, and provide for the enforcement of regulation 6 by the relevant food authority (regulations 7, 8 and 9). A regulatory appraisal has been prepared for this instrument. Copies may be obtained from the Animal Health Division of the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.

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