UK Offence Report

Wildlife refuges

article 16(1) of The Wildlife (Northern Ireland) Order 1985

The instrument creating this offence has not been revoked so far as the data shows.

What the provision says

1 The Department may by order make provision with respect to any area specified in the order providing for all or any of the following matters, that is to say—

a that any person who, within that area or any part of it specified in the order, at any time or during any period so specified intentionally or recklessly—

i kills, injures or takes any wild bird or wild animal or any wild bird or wild animal so specified,

ii takes, damages or destroys any nest or any structure or place which such

a bird or animal uses for shelter or protection while that nest or structure is in use or being built or while that place is in use,

iii takes, damages or destroys anything which conceals or protects any such nest, structure or place; iiia obstructs or prevents any wild bird or wild animal from using its nest or any structure or place which such

a bird or animal uses for shelter or protection;

iv takes or destroys an egg of such

a bird or the egg, larva, pupa or any such immature stage of such an animal,

v disturbs such

a bird or animal while it is building

a nest or structure for shelter or protection or while it is in, on or near such

a nest or structure containing the egg of such

a bird or the egg, larva, pupa or any such immature stage of such an animal,

vi disturbs the dependent young of such

a bird or animal, or

vii picks, removes, uproots or destroys any wild plant or wild plant so specified, shall be guilty of an offence under this Article;

b that any person who, except as may be provided in the order, enters into that area or any part of it specified in the order at any time or during any period so specified shall be guilty of an offence under this Article;

c that where any offence under this Part, or any such offence under this Part as may be specified in the order, is committed within that area, the offence shall be treated as falling within Article 7(5A).

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 This is the text as originally made; later amendments are not shown here.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, 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: intentionally, recklessly.

What would breach article 16(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. On these words an offence is committed where a person enters into that area or any part of it specified in the order at any time or during any period so specified.
  2. Refusing to let an inspector onto premises they are entitled to enter under the Wildlife (Northern Ireland) Order 1985.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. 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
£5,000
Standard scale
Level 5
Maximum prison (summary)
6 months
Maximum prison (on indictment)
2 years

in Northern Ireland a reference to a level is construed as referring to the standard scale as it currently stands (Fines and Penalties (NI) Order 1984 art.5(3)), not as it stood when the instrument was made.

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
In force
Made
13 February 1985
In force from
Not determined
Extent
N.I.

How this was established: read from the revised (currently in force) text.

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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 0.96.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.96 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