UK Offence Report

Obstruction of works

article 10 of The Caledonian Maritime Assets (Brodick) 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

10 Any person who—

a intentionally obstructs any person acting under the authority of CMAL in setting out the lines of or in constructing the works; or

b without reasonable excuse 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 and shall in addition be liable to repay to CMAL as

a debt any expenses incurred by it in making good any damage resulting from such obstruction, moving or removal.

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 This is the text as originally made; later amendments are not shown here.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
An element of the offence, for the prosecution to prove

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

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

setting out the lines of or in constructing the works; or b without reasonable excuse 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 and shall in a

What would breach article 10?

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. Refusing to let an inspector onto premises they are entitled to enter under the Caledonian Maritime Assets (Brodick) Harbour Revision Order 2015.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. 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
13 January 2015
In force from
14 January 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, made following an application by Caledonian Maritime Assets Limited (“CMAL”), empowers CMAL to construct, maintain and operate in the Firth of Clyde and on land at Brodick in the Island of Arran, a harbour with harbour works and harbour related facilities. Part 1 makes preliminary provision including provision as to interpretation (article 2). Part 2 makes provision for the limits of the harbour (article 4). Part 3 makes provisions as to works. Article 5 authorises CMAL to construct works. The main works to be carried out are at paragraphs (1) and (2). Paragraph (3) makes provision for future works. Article 6 provides for the limits of deviation for the works and article 7 authorises subsidiary works required in connection with the works under article 5. Article 8 provides for the reclamation of land. Article 9 authorises CMAL to dredge the harbour and the approaches to it. Article 10 creates an offence of obstructing the works. Article 11 deems the works to be part of the harbour undertaking. Articles 12 to 17 provide for the control and regulation of tidal works. Article 18 makes provision as to the time limit for completing the works under article 5(1) and (2). Article 19 provides for land within the harbour limits to be deemed to be operational land for the purposes of the Town and Country Planning (Scotland) Act 1997 and to lie within the area of North Ayrshire Council if it otherwise would not do so. Part 4 makes provision as to harbour regulation. Article 20 provides for general powers. Article 21 provides power to appropriate parts of the harbour. Article 22 provides power to lease. Article 23 provides power to enter into arrangements to provide supplies. Article 24 provides for parking places. Article 25 provides for moorings. Articles 26 to 29 provide for restrictions on and licensing of works and dredging. Articles 30 and 31 provide for the licensing of tugs and pleasure craft. Articles 32 and 33 provide for bye laws. Articles 34 to 38 provide for general directions and special directions. Articles 39 to 42 provide for management of vessels, including boarding. Articles 43 to 45 provide for removal powers. Article 46 provides CMAL with a defence of due diligence against the commission of offences under the Order. Part 5 authorises CMAL to levy charges. Part 6 makes miscellaneous and general provisions. Articles 55 and 56 make saving provision, including making clear that in carrying out any works or operations pursuant to this Order CMAL must obtain any other consent required for those works or operations under the terms of any other enactment. Article 57 provides for Crown rights. Article 58 provides for repeals. Schedule 1 provides for the harbour limits description, which limits are shown on the harbour plan. Schedule 2 contains the harbour plan. Schedule 3 details the extent of repeals by virtue of article 58.

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