UK Offence Report

Offences and penalties

regulation 10(1) of The Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014

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 It is an offence for any person to—

a intentionally obstruct any person acting in execution of these Regulations;

b without reasonable cause, proof of which lies with that person, fail to give any person acting in execution of these Regulations any assistance or information that that person may reasonably require under these Regulations; or

c knowingly or recklessly furnish to any person acting in execution of these Regulations any information that is false or misleading in any material particular.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally, knowingly, knowingly or recklessly, recklessly).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly, intentionally, recklessly, knowingly or recklessly.

What would breach regulation 10(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. Refusing to let an inspector onto premises they are entitled to enter under the Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
3 months
Maximum prison (on indictment)
2 years

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
8 December 2014
In force from
1 January 2015
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, which come into force on 1st January 2015 make provision, in relation to Wales, for the implementation of the European Regulations (as defined in regulation 2(1)) relating to the administration of the Common Agricultural Policy of the European Union. Any reference in this Note to a Regulation is a reference to that EU Regulation as defined in regulation 2(1). Part 2 (regulations 3 to 12) sets out provisions on control and enforcement in relation to payments granted directly to farmers under the Direct Payments Regulation (“direct payments”) and rural development payments under the Rural Development Regulation (“RD payments”). Regulation 3 specifies that the final date on which a single application, aid application or payment claim may be submitted to the Welsh Ministers is 15th May or the following working day if 15th May is a Saturday, Sunday, Bank Holiday or other public holiday. Regulation 4 prescribes the minimum size of agricultural parcel in respect of which a single application may be made. Regulation 5 provides that a repayment due from the beneficiary of a direct payment is recoverable as a debt and regulation 6 provides for the rate of interest that may be charged on that repayment. Regulations 7 and 8 confer powers of entry and inspection on persons authorised by the Welsh Ministers for enforcement purposes. Regulation 9 requires certain persons to assist authorised persons on request. Regulation 10 creates offences and penalties. Regulation 11 contains provisions relating to the liability of directors and regulation 12 relates to proceedings against bodies corporate, partnerships and unincorporated associations. Part 3 implements Articles 91 to 101 (cross-compliance) of the Horizontal Regulation, and associated Regulations made under Article 101, and sets out further requirements on beneficiaries of direct payments and certain RD payments relating to the maintenance of standards for good agricultural and environmental condition as prescribed by Schedule 1. Schedule 2 lists exceptions from those requirements. These provisions replace the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004 (S.I. 2001/3280 (W. 284)), as amended, which are revoked by regulation 15(1) and Schedule 3. Part 4 makes provision for revocations and savings (regulation 15 and Schedule 3). Paragraphs (1) to (4) of regulation 15, and Schedule 3, revoke with savings previous Regulations which make provision for the enforcement of the Common Agricultural Policy. A Regulatory Impact Assessment has been prepared, of the effects of these Regulations on the costs to farm businesses in Wales. Copies can be obtained from the Department of Sustainable Futures, Welsh 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 0.90.

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