5 Any person contravening regulation 5 shall be guilty of an offence and liable on summary conviction to a…

regulation 6(5) of The Merchant Shipping (Passenger Boarding Cards) Regulations 1988

Revoked
Mixed — some elements strict, some not
Either way
Education, social security, pensions and public services

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

5 Any person contravening regulation
5 shall be guilty of an offence and liable on summary conviction to
a fine not exceeding £2,000 or on conviction on indictment to imprisonment for
a term not exceeding two years or
a fine or both.

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 This is the text as originally made; later amendments are not shown here.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: Mixed — some elements strict, some not
Burden of proof: No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies (knowingly, recklessly) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

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

Classifier’s reasoning: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses knowingly, recklessly; which element that governs was not determined.

What would breach regulation 6(5)?

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 Merchant Shipping (Passenger Boarding Cards) Regulations 1988.

Penalty

Mode of trial: Either way — magistrates’ court or Crown Court
Maximum fine: £2,000
Maximum prison (summary): Not determined
Maximum prison (on indictment): 2 years

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.

Imposition of community and custodial sentences: definitive guideline All courts in England and Wales
When a community order or custody is justified at all, and the presumption against short custodial sentences.
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 Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations 1999
Revoked on: 22 July 1999
Made: 11 February 1988
In force from: 29 February 1988
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.

These Regulations apply to United Kingdom passenger ships operating as passenger ships of Classes II and II(A), and require the operation of a boarding card system for all voyages on which passengers are carried. They require documentation to be retained for future inspection by persons duly authorised by the Secretary of State, and supplementary arrangements to be made for the determination of the numbers of passengers who remain on board the ship from a previous voyage. It is to be an offence under the Regulations for a ship to leave its berth before the total number of passengers on board has been determined by means of the boarding card system and the master informed. It is also to be an offence for any person to make a false statement in connection with the boarding card system, or to falsify the documentation.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Merchant Shipping (Closing Of Openings In Enclosed Superstructures And In Bulkheads Above The Bulkhead Deck) (Application To Non- United Kingdom Ships) Regulations 1988 Lords · 22 March 1988
I turn now to the second of the two orders. This will extend to foreign ships when sailing from United Kingdom ports from 1st April. The provisions of the Merchant Shipping (Passenger Boarding Cards) Regulations 1988 (Statutory Instrument No. 191) have been in effect on UK ships since 29th February. The report of the court of formal investigation into the loss of the "Herald of Free Enterprise" recognised that the…

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Merchant Shipping (Passenger Boarding Cards) Regulations 1988 Every offence this instrument creates, and its explanatory note
Education, social security, pensions and public servicesOther offences on the same subject
Offences created in 1988