UK Offence Report

Submission of logbook at designated port

article 14(2) of The Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2004

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 A person in charge of

a relevant fishing boat who fails to comply with paragraph (2) 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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
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 14(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. On these words an offence is committed where a person fails to comply with paragraph (2).
  2. Not doing what the provision requires under the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2004, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£50,000
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.

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
Revoked
Revoked by
The Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2005
Revoked on
1 March 2005
Made
31 January 2004
In force from
1 February 2004
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

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 in Scotland of the provisions of Annex V (“the Annex”) to Council Regulation 2287/2003 (O.J. No. L 344, 31.12.03) fixing for certain fish stocks and groups of fish stocks the fishing opportunities in Community waters for 2004. The Order contains provisions relating to the determination for certain fishing boats of the management periods referred to in paragraph 6(b) of the Annex (article 3); and the calculation of the number of days on which a vessel may be absent from port for the purposes of the Annex (article 4(2) to (4)). It contains provisions relating to the deduction of days by the Scottish Ministers (article 4(5)) and the procedure to be followed in doing so (article 5). Provision is made as to the use of regulated gears and associated offences (article 6), and the transfer of days from one boat to another (article 7). The Order extends the application of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 (S.S.I. 2000/7) in pursuance of the Annex (Article 8), and creates offences in respect of contraventions by certain persons of other provisions of the Annex concerning mixing of species, transportation of cod, the landing of cod where prior notification is required and the landing of cod at a designated port (articles 9, 10, 11 and 12). By virtue of article 12(4), the ports named in the Schedule to the Order are designated for the purposes of paragraph 17 of the Annex. Provision is made for the maintenance of a logbook (article 13), and for the submission of the relevant part of the logbook at a designated port (article 14). The Order provides for penalties (article 15) and for the recovery of fines imposed in respect of a relevant offence as defined in the Order (article 16). For the purposes of enforcing provisions of the Annex the Order confers on British sea–fishery officers the powers to enter premises, to go on board fishing boats, to stop and search vehicles transporting fish, to examine fish, to require the production of documents, to search for and seize documents, to take a boat to the nearest convenient port and to seize fish and fishing gear (articles 17 to 19). Provision is made for the protection of British sea-fishery officers in the exercise of their powers under the Order (article 20) and for an offence of obstructing such officers (article 21). Provision is made in relation to offences committed by a body corporate, a partnership or an unincorporated association (article 22) and in relation to the admissibility in evidence of logbooks and other documents (article 23). The Order revokes the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2003 (S.I. 2003/56) and the Orders which amended that Order (article 24). A Regulatory Impact Assessment in the relation to the Annex has been prepared and placed in SPICE. Copies can be obtained from the Scottish Executive Environment and Rural Affairs Department, Robb’s Loan, Edinburgh, EH14 1TY.

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