UK Offence Report

Bovine animals in a slaughterhouse

paragraph 9(5) of Schedule THE SCHEDULE of The Transmissible Spongiform Encephalopathies (Wales) (Amendment) (No.2) Regulations 2007

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

5 Failure to comply with this paragraph is 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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
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 paragraph 9(5) of Schedule THE SCHEDULE?

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 there is failure to comply with this paragraph.
  2. Not doing what the provision requires under the Transmissible Spongiform Encephalopathies (Wales) (Amendment) (No.2) Regulations 2007, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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
27 July 2007
In force from
31 July 2007
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations revoke and remake with amendments the Transmissible Spongiform Encephalopathies (Wales) (Amendment) Regulations 2007 (S.I 2007/2043 W. 168). These Regulations amend the Transmissible Spongiform Encephalopathies (Wales) Regulations 2006 (S.I. 2006/1226), which provide for the enforcement in relation to Wales of Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ No. L147, 31.5.2001, p.1) as amended by and as read with the Community instruments set out in Schedule 1 to S.I. 2006/1226. The amendment is that a revised Schedule 6 is inserted into S.I. 2006/1226. Schedule 6 to S.I. 2006/1226 currently provides for the enforcement of Annex XIA to Regulation (EC) No. 999/2001 (concerning specified risk material, mechanically recovered meat and slaughtering techniques). By virtue of Article 22(1) of Regulation (EC) 999/2001, the provisions contained in Annex XIA to that Regulation were of a transitional nature pending the adoption of a Decision under Article 5(2) or (4) of that Regulation determining the BSE status of countries according to their BSE risk, following which Annex V to Regulation (EC) No. 999/2001 (introduced by Article 8 thereof) would apply in relation to specified risk material. A Decision has now been adopted under Article 5(2) of Regulation (EC) No. 999/2001 (Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk (OJ No. L 172, 30.6.2007, p.84)). Commission Regulation (EC) No. 722/2007 amending Annexes II, V, VI, VIII, IX and XI to Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ No. L164, 26.6.2007, p.7) has repealed Annex XI to Regulation (EC) No. 999/2001 and inserted a revised Annex V (“specified risk material”) into that Regulation. The revised Schedule 6 to S.I. 2006/1226 provides for the enforcement of the revised Annex V inserted into Regulation (EC) No. 999/2001 by Commission Regulation (EC) No. 722/2007. A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.88 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