UK Offence Report

Obstruction of works

article 9 of The Peterhead Port Authority Harbour Revision Order 2015

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

9 Any person who intentionally obstructs any person acting under the authority of the Authority in setting out the lines of or in constructing the works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to

a fine not exceeding level

3 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
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 (intentionally).

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: intentionally.

What would breach article 9?

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 interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out.
  2. Refusing to let an inspector onto premises they are entitled to enter under the Peterhead Port Authority Harbour Revision Order 2015.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

in Scotland a reference to a level is construed as referring to the standard scale as it currently stands (CP(S)A 1995 s.225(2)), not as it stood when the instrument was made.

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
4 August 2015
In force from
5 August 2015
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 empowers Peterhead Port Authority (“the Authority”) to construct and maintain works and other port facilities at the Port of Peterhead, Aberdeenshire. The works will consist of the deepening of the North and South Harbours and associated strengthening of the quay walls as well as works for the reclamation of land at Smith Embankment, an extension of the West Jetty and the demolition and reconstruction of a smaller West Pier Jetty. In addition, the Order authorises the construction of a new fish market at the site of the former Greenhill Fish Market and the demolition and levelling of the site of the existing fish market at Merchant’s Quay. The Order also authorises a widening of the Junction Canal with associated demolition and removal of Queenie Bridge as well as the demolition of certain other buildings and the removal and relocation of the stone lighthouse structure required in consequence of the construction of the works. The Order also authorises the construction of subsidiary works and confers a power to dredge for the purposes of constructing and maintaining the works. For the purposes of carrying out the works, the Order authorises the Authority to temporarily close the area of works to vessels. In connection with the works, the Order authorises the temporary stopping up of Bridge Street and part of Castle Street, the temporary stopping up and diversion of part of the Bay Footpath at Smith Embankment, the permanent stopping up of part of Port Henry Pier and the permanent stopping up and diversion of part of Alexandra Parade.

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