UK Offence Report

4 Any person who in purported compliance with Article 5 of the Regulation knowingly or recklessly makes a…

article 3(4) of The Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007

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 Any person who in purported compliance with Article

5 of the Regulation knowingly or recklessly makes

a false or misleading entry in

a logbook or furnishes information which is false in

a material particular commits an offence–

a where the entry is made or the information is furnished in relation to

a Scottish fishing boat, wherever the entry is made or the information is furnished;

b in any other case, where the entry is made or the information is furnished in Scotland or in the Scottish zone.

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowingly, knowingly or recklessly, recklessly).

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

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly, recklessly, knowingly or recklessly.

What would breach article 3(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. On these words an offence is committed where a person in purported compliance with Article 5 of the Regulation knowingly or recklessly makes a false or misleading entry in a logbook or furnishes information which is false in a material particular.
  2. Entering a figure on a form or return that is known to be wrong under the Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007.
  3. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  4. Producing a document to an official that has been altered since it was issued.

Penalty

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

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
1 February 2007
In force from
1 March 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 note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order makes provision for the enforcement of Community restrictions and other obligations relating to the removal of shark fins on board vessels as set out in Commission Regulation (EC) No. 1185/2003 of 26th June 2003 (“the Regulation”). This Order applies to Scottish fishing boats wherever they may be, to other fishing boats in Scotland or the Scottish zone and, in relation to the prohibition on the purchase, offer for sale or sale of certain shark fins imposed by Article 3.2 of the Regulation, to all persons within Scotland and the Scottish zone. This Order comes into force on [1st March] 2007. Article 3 of the Order creates offences in respect of contraventions of, or failures to comply with, the provisions of the Regulation referred to in Column 1 of the Schedule to the Order, and of recklessly or knowingly making false logbook entries or furnishing false information in purported compliance with Article 5 of the Regulation. Article 4 specifies the penalties which apply in relation to offences under article 3. Article 5 makes provision for the recovery of fines. The Order confers powers of enforcement on British sea fishery officers (articles 6, 7 and 8), and article 9 makes supplementary provision regarding the protection of such officers and their assistants and the obstruction of such officers in the exercise of their powers under the Order. Article 10 makes provision in relation to offences committed by bodies corporate and Scottish partnerships, and article 11 provides that any records kept under Article 5 of the Regulation shall be received in evidence in any proceedings for a relevant offence and be sufficient evidence of the matters referred to therein. A Regulatory Impact Assessment in relation to this Order 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 “commits 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