UK Offence Report

Maintenance of logbook

article 13(4) of The Sea Fishing (Restriction on Days at Sea) (Scotland) Amendment 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

4 Where there is, in respect of

a relevant fishing boat,

a failure to make an entry required by this article the person in charge of the fishing 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 This is the text as originally made; later amendments are not shown here.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
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 13(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. Not doing what the provision requires under the Sea Fishing (Restriction on Days at Sea) (Scotland) Amendment Order 2004, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

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

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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.

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
2 March 2004
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 Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2004 (“the principal Order”) to clarify and extend the legal effect of article 6(4) of the principal Order. Paragraph (4) of article 6 (use of regulated gear) of the principal Order is substituted by a new paragraph (4) which provides that any fishing boat which is present in the cod recovery zone carrying on board any regulated gear falling within any one of the groupings of regulated gear specified in paragraph 4 of Annex V to Council Regulation 2287/2003 may not simultaneously carry on board any regulated gear falling within any of the other groupings of regulated gear specified in paragraph 4 of Annex V. This provision enforces paragraph 8 of Annex V of Council Regulation 2287/2003 (article 2(2)). Article 6 of the principal Order makes provision only in relation to the carriage of regulated gear in the cod recovery zone (defined in paragraph 2 of Annex V of Council Regulation 2287/2003). The Order substitutes article 13 of the Order (maintenance of logbook) with a new article 13 which corrects several minor errors (article 2(3)). The Order corrects a minor error in article 14 of the principal Order (submission of logbook at designated port) (article 2(4))(a)) and clarifies the definition of “designated port” for the purposes of that article (article 2(4)(b)). The Order corrects other errors in articles 17 (powers of British sea fishery officers in relation to fishing boats), 18 (powers of British sea-fishery officers on land) and 23 of the principal Order (admissibility in evidence of logbooks and other documents) (article 2(5) to (7)).

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 0.92.

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