UK Offence Report

Contravention of The Marking of Creels (Scotland) Order 2020

the instrument as a whole of The Marking of Creels (Scotland) Order 2020

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

Contravening this instrument is an offence under sections 1(7)-(8) and

11 of the Sea Fish (Conservation) Act 1967. The instrument itself contains no offence-creating words.

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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

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.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

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 what the provision prohibits, or failing to do what it requires under the Marking of Creels (Scotland) Order 2020.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to sections 1(7)-(8) and 11 of the Sea Fish (Conservation) Act 1967.

the penalty is in the parent Act, not in this instrument.

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
3 June 2020
In force from
20 June 2020
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 introduces requirements for the marking of creels. The Order extends to Scotland and applies to territorial sea adjacent to Scotland. The Order is made in accordance with Article 19 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy. Article 3 applies where creels and fleets of creels are deployed in connection with a British fishing boat or otherwise than in connection with a British fishing boat. It requires that creels and fleets of creels are marked with one or more marker buoys. Fleets of creels comprising 10 or more creels must have at least one marker buoy fitted to each end of the fleet. Article 4 applies where creels and fleets of creels are deployed in connection with fishing from a licensed fishing boat (being a British fishing boat licensed under an order made under section 4 of the Sea Fish (Conservation) Act 1967 (“the Act”)). It requires that marker buoys display the PLN number that is marked on the hull of the deploying licensed fishing boat and provides for how the PLN number is to be displayed. “PLN number” is defined in article 2 of this Order. Offences for breach of this Order are contained in section 3(5) and (5A) of the Act. Penalties, which are set out at section 11 of the Act, include a fine not exceeding £50,000 on summary conviction and a fine on conviction on indictment. The court may also order the forfeiture of the fishing gear in respect of which the contravention constituting the offence occurred. A Business and Regulatory Impact Assessment (“BRIA”) has been prepared in relation to this Order and placed in the Scottish Parliament Information Centre. A copy of the BRIA can be obtained from Marine Scotland, the Scottish Government, Victoria Quay, Edinburgh EH6 6QQ or online at www.legislation.gov.uk.

Read the full note and every offence in this 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 0.59.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.59 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