Permits to fish in Commission’s waters

article 14B(4) of The Foyle and Carlingford Fisheries (Northern Ireland) Order 2007

• Status not determined
• Requires proof of a state of mind
• Food, consumer protection, trading standards, product safety and age-restricted sales

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

4 Where a permit is issued under subsection (1)(a) in relation to any waters, any person who— a without obtaining such a permit, uses a rod and line in those waters; b contravenes any condition to which a permit is subject; c uses or, with intent to deceive, presents a permit for any time, date, period, place or purpose other than that for which that permit is valid; d uses or presents, as being a permit of which he is the holder, a permit issued in the name of any other person; or e uses or presents a permit that has been to his knowledge either in any manner altered (otherwise than by a person duly authorised by the Commission) or fraudulently counterfeited, shall be guilty of an offence against this Act.

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 This is the text as originally made; later amendments are not shown here.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 a condition of a licence, permit or consent

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 (fraudulently, with intent to).

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: with intent to, fraudulently.

What would breach article 14B(4)?

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. Holding a valid licence but doing the thing it allows outside the hours, place or limits its conditions set under the Foyle and Carlingford Fisheries (Northern Ireland) Order 2007.
2. Failing to do something a condition positively requires - a record, a notification, a monitoring step - even though the licensed activity itself is carried on properly.

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

Status not determined

Made

21 March 2007

In force from

Not determined

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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order amends the Foyle Fisheries Act (Northern Ireland) 1952. The principal amendments— a confer powers on the Foyle, Carlingford and Irish Lights Commission to develop and licence aquaculture and to develop inland fisheries; b extend the Commission’s powers to protect the fisheries in the Foyle Area and the Carlingford Area. The Order also makes miscellaneous amendments to the Fisheries Act (Northern Ireland) 1966 and other statutory provisions relating to fisheries.

Read the full note and every offence in this instrument

What Parliament said

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

• Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 Lords · 15 March 2007 · The Minister of State, Department for Environment, Food and Rural Affairs (Lord Rooker)

  rose to move, That the Grand Committee do report to the House that it has considered the Foyle and Carlingford Fisheries (Northern Ireland) Order 2007. The noble Lord said: The purpose of the draft order is to give effect to the implementation bodies order by providing the Foyle, Carlingford and Irish Lights Commission with powers to exercise the aquaculture licensing and inland fisheries development functions…

• Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 Lords · 15 March 2007
• UK Borders Bill Commons · 19 March 2007 · Mr. Deputy Speaker

  With the leave of the House, I propose to put together the Questions on motions 6, 7, 8 and 9. Motion made, and Question put forthwith, pursuant to Standing Order No. 118(6) (Delegated Legislation Committees), Police That the draft Police (Northern Ireland) Act 2000 (Renewal of Temporary Provisions) Order 2007, which was laid before this House on 29th January, be approved. Northern Ireland That the draft Northern…

• Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 Lords · 19 March 2007

Other offences in the same instrument

• Use of nets across riversarticle 13
• Use of certain devices to take fisharticle 15(1)
• Use of certain devices to take fisharticle 15(3)
• Taking, etc., spawn, smolts or fry of salmon or troutarticle 18
• Taking, etc., spawn, smolts or fry of salmon or troutarticle 18
• River watchersarticle 20(1)
• Apprehension of offendersarticle 24(2)
• Aquaculturearticle 3(1)
• Prohibition of unlicensed fishingarticle 35A(3)
• Prohibition of unlicensed fishingarticle 35A(4)
• Prohibition of unlicensed fishingarticle 35A(5)
• Prohibition of unlicensed fishingarticle 35A(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 0.92.

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 Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 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 2007