Powers of commander of aircraft
paragraph 3(6)(b) of SCHEDULE 1 TO THE ORDER of The Tokyo Convention Act 1967 (Overseas Territories) Order 1968
- Status not determined
- Objective fault
- Summary only
- Transport: maritime, aviation, rail and harbours
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
b if he intends to deliver any person in accordance with subsection (5)(b) of this section in the United Kingdom or in any Territory or, in the case of
a British-controlled aircraft, in any other country which is
a Convention country, shall before or as soon as reasonably practicable after landing give notification of his intention and of the reasons therefor—
i where the country in question is the United Kingdom, to
a constable or immigration officer or, in the case of any Territory or any other country, to an officer having functions corresponding to the functions in the United Kingdom either of
a constable or of an immigration officer;
ii in either case to the appropriate diplomatic or consular office of the country of nationality of that person; and any commander of an aircraft who without reasonable cause fails to comply with the requirements of this subsection shall be liable on summary conviction in the Territory to
a fine not exceeding one hundred pounds.
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 This is the text as originally made; later amendments are not shown here.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 comply with a notice or direction
- Fault element
- Objective fault
- Burden of proof
- No statutory defence — prosecution proves everything
The prosecution must prove that the conduct happened and that it fell below the standard the provision sets. That is an objective test - what a reasonable person in the same position would have done, not what this defendant actually thought.
What a person personally believed or intended is not the question; the standard is what was reasonable.
The provision states no defence, so the prosecution bears the burden on every element of the offence.
Classifier’s reasoning: objective standard in the offence-creating words: reasonably practicable.
What would breach paragraph 3(6)(b) of SCHEDULE 1 TO THE ORDER?
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.
- On these words an offence is committed where a person without reasonable cause fails to comply with the requirements of this subsection.
- Being served with a notice under the Tokyo Convention Act 1967 (Overseas Territories) Order 1968 and doing nothing by the date it specifies.
- Doing part of what the notice requires, where it required all of it.
- Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.
Penalty
- Mode of trial
- Summary only — tried in a magistrates’ court
- Maximum fine
- £100
- Maximum prison (summary)
- Not determined
fine stated in words ("one hundred pounds") and never uprated in this instrument.
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.
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Sentencing organisations: fines and the means of a corporate defendant
All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
-
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline
Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
-
Reduction in sentence for a guilty plea: definitive guideline
All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
-
General guideline: overarching principles
All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
-
Totality: definitive guideline
All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.
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
- 22 November 1968
- In force from
- 1 March 1969
- 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 Regulations) — the explanatory note published with the instrument, © Crown copyright.
This Order extends the provisions of the Tokyo Convention Act 1967, subject to exceptions, adaptations and modifications, to the territories specified in Schedule 2 thereto. The purposes of the Act were to make provision with a view to the ratification on behalf of the United Kingdom of the Convention on Offences and certain other Acts Committed on board Aircraft signed in Tokyo on 14th September 1963 and to give effect to certain provisions relating to piracy of the Convention on the High Seas signed in Geneva on 29th April 1958.
Read the full note and every offence in this instrument
Other offences in the same instrument
- Application of criminal law to aircraftparagraph 1(1) of SCHEDULE 1 TO THE ORDER
- Powers of commander of aircraftparagraph 3(6) of SCHEDULE 1 TO THE ORDER
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 0.72.
- Basis
- the provision states liability on summary conviction
- Confidence
- 0.72 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
- This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
- The Tokyo Convention Act 1967 (Overseas Territories) Order 1968 Every offence this instrument creates, and its explanatory note
- Transport: maritime, aviation, rail and harboursOther offences on the same subject
- Offences created in 1968