UK Offence Report

2 Where any person in any way– a alters the required information that is to be transmitted by a…

article 9(2) of The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2004

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

2 Where any person in any way–

a alters the required information that is to be transmitted by

a satellite-tracking device installed on board

a boat to which any provision of this Order applies;

b obstructs any antenna connected to such

a satellite-tracking device; or

c communicates

a false geographical position, that person, along with the owner, charterer (if any) and the master of the boat, is guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
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 article 9(2)?

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. Refusing to let an inspector onto premises they are entitled to enter under the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2004.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Not determined
Maximum fine
Unlimited
Maximum prison (summary)
Not determined

'to a fine' with no stated maximum.

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
Status not determined
Made
13 September 2004
In force from
6 October 2004
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 provides for the enforcement of Commission Regulation (EC) No. 2244/2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (“Regulation 2244/2003”). The Order applies to Scotland and the Scottish zone, and in so far as it applies beyond Scotland and the Scottish zone, it does so only as a matter of Scots law (article 1). The Order specifies four categories of boats to which the obligations under Regulation 2244/2003 apply: Scottish fishing boats (as defined in article 2) wherever they may be, and relevant British fishing boats, Community fishing boats and third country fishing boats (as each of those terms is defined in article 2) within the Scottish zone. Articles 4, 5, 6 and 7 apply only to boats of the categories specified by those articles which measure more than 18 metres in overall length and, as from 1st January 2005, more than 15 metres in overall length (article 3). They do not apply where such a boat falls within the ambit of article 3(2). All four categories of boats are required to have a satellite-tracking device (“device”) installed on board which does not permit the input or output of false positions; which is not capable of being manually over-ridden; and which shall be operational at all times (article 4). Scottish fishing boats, wherever they may be, and relevant British and Community fishing boats within the Scottish zone are prohibited from leaving a port without an operational device installed on board. Such devices may be switched off when the boat is in port only if prior notification is given to the relevant Fisheries Monitoring Centre or centres specified in article 8(1) and the required information (as defined in article 2) next transmitted is the same as that last transmitted (article 5). Article 2 makes provision with regard to the meaning of “operational” for the purposes of articles 4 and 5. A device on board any of the four categories of boats must transmit the required information at least once every hour, or every two hours if article 6(2)(b)(i) or (ii) is applicable. Scottish fishing boats, wherever they may be, and relevant British fishing boats within the Scottish zone must transmit the required information to the Fisheries Monitoring Centre of the United Kingdom (article 6(3)). In the event of a technical failure or non-functioning (as defined in article 7(7)) of a device on board any of the four categories of boats, the master or owner of the boat, or their representative, must communicate the up-to-date geographical position of that boat to the relevant Fisheries Monitoring Centre or Centres specified in article 8(1) (article 7). Article 7(3) specifies, by reference to provisions of Regulation 2244/2003, the means of communication that may be used, depending upon the category of boat. Article 7(4) specifies the time from, and the intervals at, which the up-to-date geographical position must be communicated, depending upon the category of boat. A boat to which article 7(2) has applied shall not leave port without authorisation from a British sea-fishery officer to do so (article 7(6)). Article 9 creates offences in respect of breaches of the provisions of articles 4, 5, 6 and 7. It also creates offences in respect of altering the required information to be transmitted by, obstructing any antenna attached to, or interrupting the power supply to devices installed on board any fishing boat to which any provision of the Order applies; in respect of removing such a device from such a boat; and in respect of destroying, damaging, rendering inoperative or otherwise interfering with such a device. Penalties for contravention of the offences created by article 9 are set out in article 10. The Order also provides powers for the recovery of fines (article 11) and for the evidential status of certain documents (article 16). For the purpose of enforcing the Order, British sea-fishery officers are given the powers set out in article 12. Article 14 creates offences in respect of the obstruction of British sea-fishery officers. Article 17 revokes the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000 (S.S.I. 2000/20). The Regulatory Impact Assessment in relation to the application of the satellite-based vessel monitoring system to Scottish fishing boats has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Fisheries Protection Agency, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TW.

Read the full note and every offence in this instrument

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 0.92.

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