Destroying damaging or endangering safety of aircraft

paragraph 1(2) of SCHEDULE 1 of The Protection of Aircraft Act 1973 (Overseas Territories) Order 1973

Revoked
Requires proof of a state of mind
Transport: maritime, aviation, rail and harbours

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 It shall also, subject to subsection (4) of this section, be an offence for any person unlawfully and intentionally to place, or cause to be placed, on an aircraft in service any device or substance which is likely to destroy the aircraft, or is likely so to damage it as to render it incapable of flight or as to be likely to endanger its safety in flight; but nothing in this subsection shall be construed as limiting the circumstances in which the commission of any act—
a may constitute an offence under the preceding subsection, or
b may constitute attempting or conspiring to commit, or aiding, abetting, counselling or procuring the commission of such 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 This is the text as originally made; later amendments are not shown here.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 person
Conduct: breaching the provision
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 paragraph 1(2) of SCHEDULE 1?

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.

Doing what the provision prohibits, or failing to do what it requires under the Protection of Aircraft Act 1973 (Overseas Territories) Order 1973.

Penalty

Mode of trial: Not determined
Maximum fine: Not determined
Maximum prison (summary): Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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.

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: Revoked
Revoked by: The Aviation Security and Piracy (Overseas Territories) Order 2000
Revoked on: 6 December 2000
Made: 24 October 1973
In force from: 24 November 1973
Extent: Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

This Order extends the provisions of Part I and section 19 and 26 of the Protection of Aircraft Act 1973, subject to exceptions, adaptations and modification, to the territories specified in Schedule 2 thereto. It also modifies the Pacific (Fugitive Criminals Surrender) Order in Council 1914. The purposes of the Act were to give effect to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed at Montreal on 23rd September 1971 (Cmnd. 4822); and to make other provision for the protection of aircraft, aerodromes and air navigation installations against acts of violence; to amend the Hijacking Act 1971; and for connected purposes.

Read the full note and every offence in this instrument

Other offences in the same instrument

Destroying damaging or endangering safety of aircraftparagraph 1(2)(a) of SCHEDULE 1
Destroying damaging or endangering safety of aircraftparagraph 1(6) of SCHEDULE 1
Destroying damaging or endangering safety of aircraftparagraph 1(6)(a) of SCHEDULE 1
For the purposes of the Order any act, wherever committed, which— a is an offence under the Act or an…paragraph 3 of SCHEDULE 3
Inducing or assisting commission of acts excepted from ss. 1 and 2paragraph 3(1) of SCHEDULE 1
a is an offence under the Act or an attempt to commit such an offence or would be such an offence or attempt…paragraph 3(a) of SCHEDULE 3
b is an offence against the law of any State in the case of which the Order has been directed to apply by…paragraph 3(b) of SCHEDULE 3

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 0.75.

Basis: the provision says the conduct “constitutes an offence”
Confidence: 0.75 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 Protection of Aircraft Act 1973 (Overseas Territories) Order 1973 Every offence this instrument creates, and its explanatory note
Transport: maritime, aviation, rail and harboursOther offences on the same subject
Offences created in 1973