(1) Offence (2) Fixed Penalty In this Schedule a “fixed penalty offence” is an offence specified in the Road…

SCHEDULE of The Road Traffic (Fixed Penalty) Order (Northern Ireland) 2007

Status not determined
Strict liability
Road traffic and vehicles

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) Offence (2) Fixed Penalty In this Schedule
a “fixed penalty offence” is an offence specified in the Road Traffic (Fixed Penalty) (Offences) Order (Northern Ireland) 1997.

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 This is the text as originally made; later amendments are not shown here.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 the provision
Fault element: Strict liability
Burden of proof: No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach SCHEDULE?

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.

Doing what the provision prohibits, or failing to do what it requires under the Road Traffic (Fixed Penalty) Order (Northern Ireland) 2007.

Penalty

Mode of trial: Not determined
Maximum fine: £200
Maximum prison (summary): Not determined

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.

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: 29 June 2007
In force from: 30 July 2007
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 Order revokes and replaces with amendments the Road Traffic (Fixed Penalty) Order (Northern Ireland) 2001. The amendments— a prescribe fixed penalties for the following offences involving obligatory endorsement— i an offence under Article 90 of the Road Traffic (Northern Ireland) Order 1981 for which the fixed penalty is £200.00, ii an offence under Article 177 of that Order for which the fixed penalty is £120.00; and b increase the fixed penalties from £30.00 to £60.00 for the following offences which do not involve obligatory endorsement— i an offence under section 33(1) of the Vehicle Excise and Registration Act 1994, and ii an offence under Article 63 of the Road Traffic (Northern Ireland) Order 1995. The fixed penalty for all other offences involving obligatory endorsement remains at £60.00 and the fixed penalty for all other offences which do not involve obligatory endorsement remains at £30.00. The Order comes into operation on 30th July 2007 and applies only to offences committed on or after that date.

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 0.62.

Basis: the provision says an offence is committed “if” something happens
Confidence: 0.62 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 Traffic (Fixed Penalty) Order (Northern Ireland) 2007 Every offence this instrument creates, and its explanatory note
Road traffic and vehiclesOther offences on the same subject
Offences created in 2007