Slaughter of a suspect animal

Q: Is paragraph 3(2) of SCHEDULE 5 of The Transmissible Spongiform Encephalopathies (Wales) Regulations 2008 a strict liability offence?

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.

paragraph 3(2) of SCHEDULE 5 of The Transmissible Spongiform Encephalopathies (Wales) Regulations 2008

Revoked
Strict liability
Food, consumer protection, trading standards, product safety and age-restricted sales

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 If the animal is killed on the holding, it is an offence to remove the body from the holding or dispose of it except in accordance with
a written direction from an inspector.

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 This is the text as originally made; later amendments are not shown here.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 paragraph 3(2) of SCHEDULE 5?

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.

On these words it is an offence to remove the body from the holding or dispose of it except in accordance with a written direction from an inspector.
Doing what the provision prohibits, or failing to do what it requires under the Transmissible Spongiform Encephalopathies (Wales) Regulations 2008.

Penalty

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

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
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: Revoked
Revoked by: The Transmissible Spongiform Encephalopathies (Wales) Regulations 2018
Revoked on: 1 October 2018
Made: 9 December 2008
In force from: 31 December 2008
Extent: Not stated

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

What the instrument is for

These Regulations, which apply in relation to Wales, revoke and remake with amendments the Transmissible Spongiform Encephalopathies (Wales) Regulations 2006 (S.I. 2006/1266 (W.117)), which enforced 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 (“the Community TSE Regulation”). These Regulations now implement Commission Decision 2007/411 prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1 August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in Regulation (EC) No. 999/2001 and repealing Decision 2005/598 (OJ No L 155, 15.6.2007, p.74). Commission Regulation (EC) No. 999/2001 was amended by Commission Regulation (EC) No 727/2007 amending Annex VII 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 L 158, 18.6.2008, p.5). These Regulations implement those amendments with the exception of certain provisions that were suspended by a judgment of the European Court of First Instance on 28 September 2007 (points 2(3)(b)(iii), 2(3)(d) and 4 of Annex VII to Regulation (EC) No. 999/2001). The Regulations provide that the Welsh Ministers are the competent authority for the purposes of the Community TSE Regulation (except in Schedule 7 and paragraph 2 of Schedule 8, where the competent authority is the Food Standards Agency) (regulation 3) and provide an exception for research (regulation 4). The provisions in Part 2 introduce Schedules 2 to 8. Part 3 deals with administration and enforcement. Regulations 6 to 10 deal with approvals, authorisations, licences and registrations, occupier’s duties, suspension, amendment and revocations of approvals, etc., and an appeals procedure. Regulation 11 deals with valuations. Regulations 12 to 14 give powers to the Welsh Ministers and the local authority to appoint inspectors, and deal with powers of entry and powers of inspectors. Regulation 15 provides for a notice procedure, and regulation 16 provides for licences permitting movement during a movement restriction. Regulations 17 to 19 deal with obstruction of an inspector, penalties, and offences by a body corporate. A person guilty of an offence under these Regulations is liable— a on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term of three months or both, or b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both. Regulation 20 details who is responsible for enforcing these Regulations. Regulation 21 revokes: the Transmissible Spongiform Encephalopathies (Wales) Regulations 2006; the Bovine Products (Restriction on Placing on the Market) (Wales) (No.2) Regulations 2005; the Bovine Spongiform Encephalopathy (BSE) Compensation (Wales) Regulations 2006 and the Sheep and Goats Transmissible Spongiform Encephalopathy (TSE) Compensation (Wales) Regulations 2006. Schedule 1 sets out those Community instruments to which any reference should be construed as to those instruments as amended from time to time. Schedule 2 deals with monitoring for TSEs. Paragraph 1 provides for notification to the Welsh Ministers of fallen stock that must be tested for TSE under the Community TSE Regulation. Paragraph 2 makes it an offence to consign an over-age animal to a slaughterhouse for human consumption or to slaughter such an animal for human consumption. Paragraph 3 provides for brain stem sampling of specified bovine animals. Paragraph 4 provides for the approval of laboratories that test such brain stem samples and introduces new fees as follows— a £29,770 for the initial approval of a laboratory; b £8,834 for annual proficiency testing and a follow-up inspection for the first year after approval; c £4,135 for annual proficiency testing from the second year after approval; d £1,385 for Single proficiency test (in the event of a failure in the annual proficiency testing); and e £87.24 per hour for an inspector (for any additional inspections that are necessary to check for compliance with the terms of the approval). Paragraph 5 creates a requirement for anyone slaughtering animals over 30 months old for human consumption to have a Required Method of Operation. Paragraph 6 provides for retention of products and their disposal, and paragraph 7 deals with compensation. Paragraphs 8 to 15 specify the minimum requirements that must appear in a Required Method of Operation. Schedule 3 deals with control and eradication of TSEs in bovine animals. Paragraph 1 provides for notification of a suspect animal to the Welsh Ministers. Paragraphs 2 and 3 provide for the restriction and slaughter of notified and suspect animals. Paragraphs 4 and 5 deal with the offspring and cohorts of the suspect. Paragraph 6 provides for the notification and restriction of the carcases of animals that die or are killed while under restriction, and paragraph 7 prohibits the placing on the market of offspring. Paragraphs 8 to 10 deal with compensation. Schedule 4 deals with control and eradication of TSEs in sheep and goats. Paragraph 1 provides for notification of a suspect animal to the Welsh Ministers. Paragraphs 2 and 3 provide for the restriction and slaughter of the suspect. Paragraphs 4 and 5 deal with movement restrictions. Paragraphs 6 to 9 provide for action following confirmation. Paragraph 10 provides for time for appeals, and paragraph 11 provides for killing and destruction. Paragraphs 12 to 14 deal with infected animals from another holding, common grazing and multiple flocks on a holding. Paragraph 15 deals with subsequent occupiers of the land. Paragraphs 16 to 24 set out the procedure to be followed after the killing or destruction. Paragraph 16 restricts the introduction of animals onto a holding. Paragraph 17 regulates the use of ovine germinal products, and paragraph 18 restricts the movement of animals from a holding. Paragraph 19 specifies when the time relating to restrictions begins. Paragraph 20 provides for notification of animals that die while under restriction. Paragraph 21 deals with placing on the market of progeny. Paragraphs 22 to 24 deal with compensation. Schedule 5 deals with animals that are not bovine, ovine, or caprine. Paragraphs 1 to 3 concern notification, restriction and slaughter of suspect animals. Paragraph 4 provides for compensation. Paragraph 5 concerns the retention of cervine products and their disposal. Schedule 6 deals with feedingstuffs. Paragraphs 1 to 3 prohibit feeding specified feedingstuffs to ruminant and non-ruminant animals, and provide for exceptions. Paragraphs 4 and 5 provide for movement restrictions and slaughter of animals suspected of having been fed prohibited feedingstuffs, and paragraph 6 provides for compensation. Paragraph 7 prohibits the slaughter for human consumption of restricted animals. Paragraphs 8 and 9 regulate the production and use of fishmeal for feeding to non-ruminant animals. Paragraphs 10 and 11 regulate feedingstuffs containing dicalcium phosphate or tricalcium phosphate. Paragraphs 12 and 13 regulate feedingstuffs containing blood products and blood meal. Paragraph 14 makes provision for changes in use of equipment. Paragraphs 15 and 16 control the manufacture, storage and transport of processed animal protein and products containing it. Paragraph 17 controls exports, and paragraph 18 regulates fertilisers derived from animal protein. Paragraph 19 deals with records, and paragraph 20 deals with cross-contamination. Schedule 7 deals with specified risk material, mechanically recovered meat and slaughtering techniques. Paragraph 1 appoints the Food Standards Agency as the competent authority for this Schedule. Paragraph 2 makes provision for training of staff in slaughterhouses and cutting plants where specified risk material is removed. Paragraph 3 deals with mechanically separated meat, paragraph 4 with pithing, paragraph 5 with tongue harvesting and paragraph 6 with head meat harvesting. Paragraph 7 controls the removal of specified risk material. Paragraph 8 deals with bovine animals in a slaughterhouse and paragraph 9 deals with sheep and goats at a slaughterhouse. Paragraph 10 deals with young lamb and goat stamps. Paragraph 11 deals with the removal of spinal cord from sheep and goats. Paragraph 12 provides for the authorisation of cutting plants to remove certain specified risk material and paragraph 13 controls the removal of specified risk material at a cutting plant authorised under paragraph 12(1). Paragraph 14 deals with meat from other member States. Paragraph 15 requires the staining and disposal of specified risk material, paragraph 16 requires the staining of the remainder of a carcase of a scheme animal, and paragraph 17 provides for the security of specified risk material. Paragraph 18 prohibits the supply of specified risk material for human consumption. Schedule 8 deals with the export of live bovine animals and products derived from them to other member States and to third countries. Paragraph 1 prohibits the dispatch of certain live animals to other member States and to third countries, paragraph 2 restricts the dispatch of heads and un-split carcases containing specified risk material to other member States, and paragraph 3 prohibits the dispatch of bovine heads and meat containing specified risk material to third countries. A regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.

Read the full note and every offence in this instrument

Other offences in the same instrument

For the purposes of monitoring under Article 6 of the Community TSE Regulation, a person who has in their…paragraph 1(1) of SCHEDULE 2
Prohibition on feeding animal protein to ruminantsparagraph 1(1) of SCHEDULE 6
Export to other member States and to third countries of bovine animals and productsparagraph 1(1) of SCHEDULE 8
Prohibition on feeding animal protein to ruminantsparagraph 1(2) of SCHEDULE 6
Control and eradication of TSE — notificationparagraph 1(4) of SCHEDULE 3
Young lamb and goat stampsparagraph 10(3) of SCHEDULE 7
Young lamb and goat stampsparagraph 10(4) of SCHEDULE 7
Removal of spinal cord from sheep and goatsparagraph 11 of SCHEDULE 7
Failure to comply with paragraph 10 is an offenceparagraph 11(1) of SCHEDULE 6
It is an offence for a home compounder registered under paragraph 10(1)(b) to— a keep ruminants; b consign…paragraph 11(2) of SCHEDULE 6
Killing and destruction following confirmationparagraph 11(3) of SCHEDULE 4
It is an offence for any person producing feedingstuffs in accordance with point C(a)(ii) of Part II of…paragraph 11(3) of SCHEDULE 6

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 0.90.

Basis: the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence: 0.90 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 Transmissible Spongiform Encephalopathies (Wales) Regulations 2008 Every offence this instrument creates, and its explanatory note
Food, consumer protection, trading standards, product safety and age-restricted salesOther offences on the same subject
Offences created in 2008