UK Offence Report

Any carrier who fails to comply with Article 2 above shall be guilty of an offence and liable on summary…

article 3 of The Carriage of Passengers and their Luggage by Sea (Interim Provisions) (Notice) Order 1980

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

3 Any carrier who fails to comply with Article

2 above shall be guilty of an offence and liable on summary conviction to

a fine of an amount not exceeding £500.

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 This is the text as originally made; later amendments are not shown here.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 carrier
Conduct
failing to do something the instrument requires
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

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 carrier 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.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 3?

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 carrier fails to comply with Article 2 above.
  2. Not doing what the provision requires under the Carriage of Passengers and their Luggage by Sea (Interim Provisions) (Notice) Order 1980, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£500
Maximum prison (summary)
Not determined

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
Revoked
Revoked by
The Carriage of Passengers and their Luggage by Sea (Interim Provisions) (Notice) (Revocation) Order 2014
Revoked on
30 June 2014
Made
30 July 1980
In force from
1 January 1981
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 note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

This Order requires a carrier, in relation to any contract of carriage to which the Carriage of Passengers and their Luggage by Sea (Interim Provisions) Order 1980 applies, to give to passengers notice of specified provisions of the Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (the Athens Convention). Those provisions relate to valuables, the limit of the carrier's liability for death or personal injury and for loss of or damage to luggage (including a vehicle), and the notice to be given by the passenger in respect of loss or damage to luggage. Notice must be given by the carrier before departure and, where practicable, on the ticket itself.

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 0.92.

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