UK Offence Report

Submission of logbook at designated port

article 22(2) of The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2008

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.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 (1) 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 This is the text as originally made; later amendments are not shown here.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 22(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 (1).
  2. Not doing what the provision requires under the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2008, 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
Not determined
Maximum fine
Unlimited
Maximum prison (summary)
Not determined

'to a fine' with no stated maximum.

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 Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Amendment Order 2011 (revoked)
Revoked on
7 March 2011
Made
15 April 2008
In force from
16 April 2008
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, which forms part of the law of Scotland only, makes provision for the enforcement of Council Regulation (EC) No. 40/2008 (“the Council Regulation”). Part II of the Order makes provision for the enforcement of certain enforceable Community restrictions and other obligations relating to sea fishing by Community vessels and third country vessels set out in the Council Regulation. The Council Regulation fixes total allowable catches and the quotas of Member States for 2008 and lays down certain conditions under which they may be fished. It also authorises fishing by vessels of Norway and the Faroe Islands for specified descriptions of fish in certain specified areas within the fishery limits of Member States in 2008 and imposes requirements concerning fishing quotas and authorised zones, methods of fishing, the holding of licences and observance of licence conditions, the keeping of logbooks, the making of reports and similar matters. The Order makes provision for the purposes of Article 10 of the Council Regulation (requirement for adequate sampling programme when landing unsorted catches) (article 3). The Order makes it an offence to contravene the provision in Annex IA to the Council Regulation in relation to the quantity of dogfish and skate and ray retained on board (article 4). Article 5 of the Order makes it an offence to contravene Article 21(e) of Annex III to the Council Regulation which limits the by-catch of redfish to a maximum of 1% and sharks to a maximum of 5% of the total catch retained on board. The Order creates offences in respect of contraventions of the provisions of the Council Regulation referred to in column 1 (and briefly described in column 2) of Schedules 1 (Community quota measures) and 2 (Community third country fishing measures) to the Order (article 6). Parts III and IV of the Order provide for the enforcement in Scotland of the provisions of Annex IIa and IIc (“the Annexes”) to the Council Regulation and the monitoring, inspection and surveillance provisions in Council Regulation 423/2004. The Order contains provisions relating to the determination for certain fishing boats of the number of days, in accordance with paragraphs 8 of Annex IIa and 7 of Annex IIc of the Council Regulation, for which they may be in the cod and sole recovery zones (articles 7 and 15). The Order also provides as to the determination of management periods referred to in paragraphs 9.1 and 8.1 of the Annexes and of the number of days allowed in the cod and sole recovery zones during a management period (articles 8 and 16). Provision is also made in relation to the deduction of days by the Scottish Ministers (articles 9(10) and 17(10)) and the procedure to be followed in doing so (articles 10 and 18). Provision is made as to the use of regulated gears and associated offences (articles 11 and 19), and the transfer of days from one boat to another (articles 12 and 20). By virtue of article 13, the ports named in Schedule 3 to the Order are designated for the purposes of Article 12(2) of Regulation 423/2004. Provision is made for the maintenance of a logbook (article 21), and for the submission of the relevant part of the logbook at a designated port (article 22). The Order extends the application of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 in pursuance of Regulation 423/2004 and Annex IIc (article 23). The Order provides for penalties (article 24) and for the recovery of fines imposed in respect of an offence under the Order (article 25). For the purposes of enforcing the provisions of the Order or any equivalent provision (as defined in the Order) 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 26 to 28). Provision is made for the protection of British sea-fishery officers in the exercise of their powers under the Order (article 29) and for an offence of obstructing such officers (article 30). Provision is made in relation to offences committed by a body corporate, a partnership or an unincorporated association (article 31) and in relation to the admissibility in evidence of logbooks and other documents (article 32). The Order revokes the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2007 and the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2007 (article 33). The Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008 is amended to correct some references and to make offences under this Order “relevant offences” in terms of that Order. This means that British sea fishery officers may issue a fixed penalty notice in respect of these offences (article 34). A Regulatory Impact Assessment in the 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 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