UK Offence Report

Weighing procedures for herring, mackerel and horse mackerel

article 4(4) of The Sea Fishing (Control Procedures for Herring, Mackerel and Horse Mackerel) (Scotland) Order 2008 (revoked)

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 a buyer, agent of a buyer or a holder of the fish fails to comply with paragraph (1) or (2) or (3) that person 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 This is the text as originally made; later amendments are not shown here.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 holder
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 holder 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 4(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 (Control Procedures for Herring, Mackerel and Horse Mackerel) (Scotland) Order 2008, 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 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
6 March 2008
In force from
1 April 2008
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 implements Commission Regulation (EC) No. 1542/2007 on landing and weighing procedures for herring, mackerel and horse mackerel (“the Commission Regulation”). In exercise of powers introduced by the Legislative and Regulatory Reform Act 2006, references to the Commission Regulation are to that instrument as it may be amended from time to time. The Order makes provision for the Scottish Ministers to approve pelagic weighing systems for fisheries control purposes (article 3). The Order provides that where over 10 tonnes of herring, mackerel or horse mackerel is landed in Scotland buyers or holders of the fish must weigh fresh fish using a pelagic weighing system which is approved by the Scottish Ministers or which has been passed as fit for trade use in accordance with the Weighing Equipment (Beltweighers) Regulations 2001. Frozen fish must be weighed in accordance with Article 11 of the Commission Regulation. Failure to comply with any of those provisions is an offence (article 4). Article 4 of the Order is subject to article 5. Article 5 implements the derogation in Article 11 of the Commission Regulation. It allows fresh fish to be transported before being weighed from the port of landing to a place not more than 100 km from the port of landing provided the vehicle in which the fish is transported is accompanied by a British sea fishery officer or an approval has been granted in accordance with article 6 of the Order (article 5). Article 6 sets out the conditions to which an approval is subject, by reference to the requirements in Article 7.3 of the Commission Regulation. Article 7.3(a) of the Commission Regulation requires a written declaration giving the species of fish and the name of the vessel from which it has been discharged, the unique identity number of the tanker in which it is to be transported and details of the destination where the fish will be weighed. The declaration must include the date and time as well as the estimated time of arrival of the tanker at the destination. Article 7.3(b) provides that a copy of the declaration must be kept by the driver during the transport of the fish and handed over to the receiver of the fish at the destination. Failure to comply with the conditions is an offence. The Order creates offences in respect of contraventions of the provisions of the Commission Regulation referred to in column 1 (and briefly described in column 2) of the Schedule to the Order (article 7). Article 8 of the Order provides penalties in relation to an offence under article 3(5) to (7), or 4(4) or 6(4) or 7 of the Order or any equivalent provision extending to any other part of the United Kingdom proceedings in respect of which were brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981 (c. 29). The Order also makes provision for additional penalties such as forfeiture. The Order makes provision in relation to the recovery of fines imposed in respect of such offences or an offence under article 14 (obstruction of officers) (article 9). The Order confers on British sea fishery officers powers of enforcement in relation to fishing boats and on land. These include power 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 10, 11 and 12). Provision is also made in relation to the liability of officers for anything done in the purported exercise of powers conferred by the Order (article 13). The Order creates offences and provides penalties in respect of the obstruction of a British sea fishery officer and makes provision in relation to offences committed by bodies corporate and partnerships and the admissibility of certain documents (articles 14, 15 and 16). The Order revokes the articles of the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2007 which make provision in relation to the weighing and landing of herring, mackerel and horse mackerel (article 17). A Regulatory Impact Assessment in relation to this Order has been prepared and placed in SPICE. Copies can be obtained from the Scottish Government Marine Directorate, Pentland House, Robbs 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