UK Offence Report

2 Where there is in respect of any boat mentioned in paragraph (1) a contravention of, or failure to comply…

article 7(2) of The Sea Fishing (Control Procedures for Herring, Mackerel and Horse Mackerel) (Scotland) Amendment 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

2 Where there is in respect of any boat mentioned in paragraph (1)

a contravention of, or failure to comply with–

a specified Community provisions 1(a) to (f) and (j), the master, owner and charterer (if any) shall each be guilty of an offence;

b specified Community provision 1(g), the buyer of the fish shall be guilty of an offence;

c specified Community provisions 1(h), (i), (k) (in relation to Articles 9.3 and 11.2) and (ia), the operator of the weighing facilities shall be guilty of an offence;

d specified Community provision 1(k) (in relation to Article 7.3(b)), the receiver of the fish shall be guilty of an offence; and

e specified Community provision 1(l), the processor, receiver and buyer of the fish shall each be 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 This is the text as originally made; later amendments are not shown here.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 7(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. Doing the thing the provision prohibits under the Sea Fishing (Control Procedures for Herring, Mackerel and Horse Mackerel) (Scotland) Amendment Order 2008, 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
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
16 April 2008
In force from
9 May 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 amends the Sea Fishing (Control Procedures for Herring, Mackerel and Horse Mackerel) (Scotland) Order 2008 (“the principal Order”) which implemented Commission Regulation (EC) No. 1542/2007 (O.J. No. L 337, 21.12.2007, p.56 (“the Commission Regulation”)). Article 7 of the principal Order made it an offence for the master, owner and charterer (if any) of the boat from which fish is landed to breach provisions of the Commission Regulation listed in the Schedule to the principal Order. Of the Articles of the Commission Regulation listed in that Schedule, Article 6.2 places obligations on the buyer of the fish; Articles 8, 9.3 and 9.4 and Article 12 (in relation to Articles 9.3 and 11.2) place obligations on the operator of the weighing facilities; Article 12 (in relation to Article 7.3(b)) places obligations on the receiver of the fish; and Article 13 places obligations on the processor, receiver and buyer of the fish. This Order amends the principal Order to provide that it is an offence for such persons to contravene or fail to comply with the obligations placed on them (article 2(a)). The Order also amends the Schedule to the Order to make it an offence for the operator of privately operated weighing facilities to fail to comply with the requirements of Article 9.4 of the Commission Regulation which requires the fitting of a counter to record the cumulative total of weight and the recording of information in the weighing logbook required by Article 9.3 of the Regulation (article 2(b)).

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 0.96.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.96 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