UK Offence Report

Contravention of The Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 1987

the instrument as a whole of The Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 1987

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

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 This is the text as originally made; later amendments are not shown here.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 Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 1987.

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
Revoked
Revoked by
The Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 1990
Revoked on
15 November 1990
Made
4 September 1987
In force from
8 September 1987
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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order consolidates with changes the provisions of the Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 1980 as varied (“the 1980 Order”). The Order prohibits, with exceptions, the landing in the United Kingdom of sea fish of descriptions specified in Schedule 2 to the Order caught in ICES sub-areas VII or VIII (article 3). The provisions of this Order differ from those of the 1980 Order which it replaces in the following respects:— a fishing boats registered in the Isle of Man or any of the Channel Islands are included in the definition of a “British fishing boat” (article 2); b the enforcement powers conferred on British sea-fishery officers in relation to fishing boats are included in the text, their powers on land being set out in section 15(2A) of the Sea Fish (Conservation) Act 1967 (article 5); c all of the statistical sub-areas and divisions of the International Council for the Exploration of the Sea to which the prohibition of landing provisions and exceptions thereto apply are described (Schedule 2); d those descriptions of sea fish caught in particular divisions of ICES VII otherwise than under the authority of a licence as a by catch not exceeding 10 per cent by weight of the landed catch in the course of lawful fishing for another description sea fish, which by virtue of article 4(e) of the Order may be landed in the United Kingdom as an exception to the prohibition on landing provisions, are listed (Schedule 3).

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 0.72.

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