M Najib & Sons Ltd v Crown Prosecution Service [2018] EWCA Crim 909 (26 April 2018)

M Najib & Sons Ltd v Crown Prosecution Service [2018] EWCA Crim 909 (26 April 2018)

The Regulations do not impose a legal obligation on slaughterhouse operators to assist inspectors in taking samples for TSE monitoring in sheep slaughtered for human consumption; failure to assist does not constitute a criminal offence under regulation 17(1).

Citation
[2018] EWCA Crim 909
Parties
Appellant/defendant: M Najib & Sons Limited; Respondent/prosecutor: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
26 April 2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Crown Court
Outcome
Appeal allowed; conviction quashed.
Legal Topics
Statutory Interpretation, Regulatory Compliance, EU Law Implementation, Criminal Liability, Sampling Obligations
Criminal Law Regulatory Law European Union Law Statutory Interpretation Regulatory Compliance EU Law Implementation Criminal Liability Sampling Obligations

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Parties

M Najib & Sons Limited

Appellant/defendant

Crown Prosecution Service

Respondent/prosecutor

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Crown Court

Legal Issues

  1. 1 Whether the Transmissible Spongiform Encephalopathies (England) Regulations 2010 impose a legal obligation on slaughterhouse operators to assist inspectors in taking samples from sheep for TSE monitoring
  2. 2 Whether failure to assist constitutes a criminal offence under regulation 17(1)
  3. 3 Whether the inspector had authority under the terms of appointment to require participation in the monitoring programme

Ratio Decidendi

The Regulations do not impose a legal obligation on slaughterhouse operators to assist inspectors in taking samples for TSE monitoring in sheep slaughtered for human consumption; failure to assist does not constitute a criminal offence under regulation 17(1).

Court Disposition

Appeal allowed; conviction quashed.

Orders

  • The conviction of M Najib & Sons Limited is quashed.