What would breach article 6(1) of The Road Races (Northern Ireland) Order 1986?

Refusing to let an inspector onto premises they are entitled to enter under the Road Races (Northern Ireland) Order 1986. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Enforcement

Q: Is article 6(1) of The Road Races (Northern Ireland) Order 1986 a strict liability offence?

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

article 6(1) of The Road Races (Northern Ireland) Order 1986

In force
Requires proof of a state of mind
Summary only
Dogs, animals, hunting and wildlife

The instrument creating this offence has not been revoked so far as the data shows.

What the provision says

1 Any person who—
a intentionally obstructs or interferes with the conduct of any motor race authorised under this Order;
b intentionally obstructs any constable acting in the course of his duty as such, any marshal or any other person exercising any functions conferred on him by an order made under Article 3, or any person concerned in the management of any such motor race in connection with securing the safety of the public or of any person competing therein;
c without lawful authority enters or is found or remains on any specified road;
d is the keeper of any animal, or is the person having charge or control of any vehicle, found without lawful authority on any specified road;
e otherwise contravenes any provision of an order made under Article 3; shall be guilty of an offence and liable on summary conviction to
a fine of level
3 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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).

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.

What would breach article 6(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.

Refusing to let an inspector onto premises they are entitled to enter under the Road Races (Northern Ireland) Order 1986.
Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial: Summary only — tried in a magistrates’ court
Maximum fine: £1,000
Standard scale: Level 3
Maximum prison (summary): Not determined

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.

Animal cruelty: definitive guideline Magistrates' courts in England and Wales · in force from 1 July 2017
Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.
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: In force
Made: Not determined
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.

Statutory Instruments, &C Commons · 1 July 1986
Ordered, That the draft Weights and Measures Act 1963 (Miscellaneous Foods) (Amendment) Order 1986 be referred to a Standing Committee on Statutory Instruments &c. That the draft Functions of Traffic Wardens (Amendment) Order 1986 be referred to a Standing Committee on Statutory Instruments &c. That the draft Road Races (Northern Ireland) Order 1986 be referred to a Standing Committee on Statutory Instruments &c.…
Road Races (Northern Ireland) Commons · 10 July 1986
That the draft Road Races (Northern Ireland) Order 1986, which was laid before this House on 10th June, be approved. [Mr. Durant.]
Business Lords · 28 July 1986 · Lord Denham
My Lords, it may be for the convenience of the House if I announce that the Committee stage of the Financial Services Bill will be adjourned for a period at approximately 7 p.m., and that during this adjournment the Apple and Pear Development Council Order 1986, the Road Races (Northern Ireland) Order 1986 and the Criminal Justice (Northen Ireland) Order 1986 will be taken.
Road Traffic (Northern Ireland) Order 1995 Lords · 3 November 1995 · Baroness Denton of Wakefield
My Lords, first it is a delight to see so many people here this morning who are interested in Northern Ireland business. In particular, the noble Lord, Lord Williams, will share my delight in taking this order at this time of day and not in the afternoon. There is common agreement that this matter is important. We have to take steps to remedy figures that are clearly not very good news. I was interested to hear the…

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 0.92.

Basis: the provision says a person is “guilty of an offence”
Confidence: 0.92 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 Road Races (Northern Ireland) Order 1986 Every offence this instrument creates, and its explanatory note
Dogs, animals, hunting and wildlifeOther offences on the same subject
Offences created in 1986