UK Offence Report

Fine for obstructing works

article 11 of The Newlyn Pier and Harbour Revision Order 1987

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

11 Any person who intentionally obstructs any person acting under the authority of the Commissioners in setting out the lines of the works, or who moves any pole, stake, station point or bench mark established for the purpose of such setting out without reasonable excuse shall be guilty of an offence and liable on summary conviction to

a fine not exceeding four 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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

bench mark established for the purpose of such setting out without reasonable excuse shall be guilty of an offence and liable on summary conviction to a fine not exceeding four hundred pounds.

What would breach article 11?

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 person moves any pole, stake, station point or bench mark established for the purpose of such setting out without reasonable excuse.
  2. Refusing to let an inspector onto premises they are entitled to enter under the Newlyn Pier and Harbour Revision Order 1987.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

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

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
27 November 1987
In force from
4 December 1987
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 enables the Newlyn Pier and Harbour Commissioners to— a extend the jetty authorised by article 4 of the Newlyn Pier and Harbour Revision Order 1978, b construct a quay and jetty, including an area for laying out and repairing nets in an area which is to be or has been reclaimed, adjacent to the harbour wall in Fore Street, c reclaim and fill in that part of the bed and foreshore, in an area which is to be or has been reclaimed, adjacent to the harbour wall and the Strand and terminating at a slipway between the Strand and Fore Street, and d increase their borrowing powers, including powers to borrow temporarily and to borrow upon the security of their assets. The deposited plan and deposited sections referred to in articles 2, 4 and 10 of the Order may be inspected at any of the following addresses: Ministry of Agriculture Fisheries & Food Great Westminster House Horseferry Road London ## SW1P2AE Newlyn Pier & Harbour Commissioners Harbour Office Newlyn Penzance Cornwall Department of Transport Sunley House 90—93 High Holborn ## WC1V6LP The applicants for this Order are the Newlyn Pier and Harbour Commissioners.

Read the full note and every offence in this instrument

Other offences in the same 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