UK Offence Report

14 Where there is a contravention of, or failure to comply with any provision of, articles 4, 5, 6, 7, 8, 9,…

article 14 of The Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) (Scotland) Order 2006

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

14 Where there is a contravention of, or failure to comply with any provision of, articles 4, 5, 6, 7, 8, 9, 10, 11, 12 or 13 of this Order the master, the owner and the charterer (if any), of the fishing boat in relation to which the contravention or failure to comply has occurred, 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 This is the text as originally made; later amendments are not shown here.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 master
Conduct
contravening a requirement of the instrument
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 master 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?

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. Doing the thing the provision prohibits under the Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) (Scotland) Order 2006, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
Not determined

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
24 May 2006
In force from
21 June 2006
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. 356/2005 as amended by Commission Regulation (EC) No. 1805/2005 (“the Commission Regulation”) laying down detailed provisions regarding the marking and identification of passive fishing gear and beam trawls. The Order extends to Scotland and the Scottish zone, and insofar as it extends beyond Scotland and the Scottish zone (as defined in Article 2 of the Order) it does so only as a matter of Scots law (article 1 of the Order). The Order specifies in article 3 the boats which must comply with the requirements set down in the Order. Articles 4,5,6,7,8,9,10,11, 12 and 13 of the Order apply in accordance with Article 2 of the Commission Regulation to Scottish fishing boats and to any other fishing boat which is within the Scottish zone. Article 2 of the Commission Regulation provides that the Regulation applies to vessels fishing in Community waters but does not apply within 12 nautical miles measured from the baselines of coastal Member States. Article 2 of the Order defines the terms Scottish fishing boat and any other fishing boat. Articles 4 and 5 of the Order make provision in relation to beam trawls (defined in Article 3 of the Commission Regulation). Article 4 of the Order makes provision in relation to beams of beam trawls carried on board a fishing boat to which the article applies. Article 5 of the Order provides in relation to assembled beams of beam trawls carried on board or used for fishing by a fishing boat to which the article applies. The information required to be displayed on the beam or shoes of each beam is the external registration letters and numbers displayed on the hull of the boat to which the beam or assembled beam belongs. Article 6 of the Order provides in relation to passive gear (which is defined in Article 3 of the Commission Regulation) carried on board or used for fishing by a fishing boat to which the article applies. Article 7 of the Order provides in relation to end marker buoys and intermediary marker buoys, carried on board or used for fishing by a fishing boat to which the article applies. Article 8 of the Order provides in relation to the fixing, rigging and deployment of buoys on passive gear which is used for fishing by a fishing boat to which the article applies. Article 9 of the Order makes further provision as to the requirements for end marker buoys required to be deployed by Article 12.1 of the Commission Regulation as provided under article 8 of the Order. Article 10 of the Order makes further provision as to the requirements for intermediary marker buoys required to be deployed by Article 14.1 of the Commission Regulation as provided under article 8 of the Order. Article 11 of the Order makes provision for the derogation provided for in Article 14.2 of the Commission Regulation. This derogation was inserted by Commission Regulation 1805/2005. The derogation is in respect of intermediary marker buoys being used in the Baltic Sea. Article 12 of the Order provides that the label required under articles 6, 9(1)(a), 10 and 11 must be in accordance with Article 8 of the Commission Regulation. Article 13 of the Order provides as to the requirements for the cords linking the buoys to the passive gear by reference to Article 11 of the Commission Regulation. Article 14 of the Order creates offences in respect of breaches of the provisions of Articles 4, 5, 6, 7, 8, 9, 10, 11,12 and 13. Penalties for contravention of the offences created by Article 14 are set out in Article 15. The statutory maximum is currently £5,000. Article 16 of the Order makes further provision in relation to recovery of fines. Articles 17 and 18 of the Order confer enforcement powers on British sea-fishery officers. Provision is also made in relation to the liability of officers for anything done in the purported exercise of powers conferred (article 19). The Order also creates offences and provides penalties in respect of obstruction of a British sea-fishery officer (article 20). Articles 21 and 22 provide in relation to offences committed by bodies corporate, partnerships and unincorporated associations and the admissibility of documents compiled for the purposes of Council Regulation (EC) No. 2847/93. A Regulatory Impact Assessment in relation to the application of the marking and identification of passive fishing gear and beam trawl measures 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