Evidence on first registry.

paragraph 10(3) of SCHEDULE 1 of The Merchant Shipping Act 1988 (Cayman Islands) Order 1988

• Status not determined
• Requires proof of a state of mind
• 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

3 If the person granting

a builder’s certificate under this section wilfully makes

a false statement in that certificate he shall for each offence be liable to

a fine not exceeding two thousand, five hundred dollars.

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 This is the text as originally made; later amendments are not shown here.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

making a false or misleading statement

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 (wilfully).

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: wilfully.

What would breach paragraph 10(3) 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.

1. Entering a figure on a form or return that is known to be wrong under the Merchant Shipping Act 1988 (Cayman Islands) Order 1988.
2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
3. Producing a document to an official that has been altered since it was issued.

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

Status not determined

Made

26 October 1988

In force from

24 November 1988

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 extends to the Cayman Islands certain provisions of the Merchant Shipping Act 1988, as amended. Its main purpose is to make fresh provision for the registration of entitled vessels in the Cayman Islands, and it also makes provision with respect to the safety of navigation (sections 30—32, 35 and 50), prevention of oil pollution (sections 30, 31, 34, 35 and 50), inquiries (section 44) and crew agreements (section 46). Schedule 2 sets out Part I of the Merchant Shipping Act 1894 as it now applies in the Cayman Islands.

Read the full note and every offence in this instrument

Other offences in the same instrument

• Custody of certificateparagraph 15(2) of SCHEDULE 1
• Provision for loss of certificateparagraph 18(3) of SCHEDULE 1
• Rules as to name of shipparagraph 47(8) of SCHEDULE 1
• Registry of alterationsparagraph 48(2) of SCHEDULE 1
• Marking of shipparagraph 7(3) of SCHEDULE 1
• Marking of shipparagraph 7(5) of SCHEDULE 1
• Penalty for concealing Cayman Islands character of a shipparagraph 70 of SCHEDULE 1
• National colours for ships, and penalty on carrying improper coloursparagraph 73(2) of SCHEDULE 1
• Penalty on ship not showing coloursparagraph 74(2) of SCHEDULE 1

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 0.68.

Basis

the provision states a penalty in older drafting

Confidence

0.68 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 Merchant Shipping Act 1988 (Cayman Islands) Order 1988 Every offence this instrument creates, and its explanatory note
• Transport: maritime, aviation, rail and harboursOther offences on the same subject
• Offences created in 1988