UK Offence Report

Amendment and repeal

article 20(1) of The Newport (Isle of Wight) Harbour Revision Order 1988

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

1 The Newport (Isle of Wight) Harbour Revision Order 1968 shall have effect as if:—

a in article 3 (Interpretation) in the definition of“harbour” for“section

3 of the Newport (Isle of Wight) Harbour Order 1954” there were substituted“article

2 of the Newport (Isle of Wight) Harbour Revision Order 1988”;

b in article 5 (Incorporation of Act of 1847):—

i for paragraph (2)(a)(iii) there were substituted the following:—

iii the expression“harbour” shall mean the harbour as defined in article

2 of the Newport (Isle of Wight) Harbour Revision Order 1988.

ii for paragraph (2)(d) there were substituted the following:—

d section

69 as so incorporated shall be read and have effect as if the words“shall forfeit” to the end of the section were deleted and there were substituted therefore the words“shall be liable on summary conviction to

a fine not exceeding £400”.

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 This is the text as originally made; later amendments are not shown here.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

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 20(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. Doing what the provision prohibits, or failing to do what it requires under the Newport (Isle of Wight) Harbour Revision Order 1988.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£400
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
Status not determined
Made
27 June 1988
In force from
12 December 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 empowers the Medina Borough Council— a to improve, regulate, maintain, manage, mark or light the harbour of Newport (Isle of Wight) as defined in the Order; b to control the mooring and keeping of houseboats as defined in the Order; c to dispose of wrecks and to deal with unserviceable vessels; d to make certain charges; and e to make byelaws. The Order also extends the powers of the harbour master and provides a penalty for not complying with his directions. It also provides for the repeal of the Pier and Harbour Order (Newport (Isle of Wight)) Confirmation Act 1954 and certain provisions of the Newport (Isle of Wight) Harbour Revision Order 1968 and for matters connected with or consequential on or incidental to the foregoing. The applicants for the Order are the Medina Borough Council.

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 0.72.

Basis
the provision states liability on summary conviction; the provision states a penalty in older drafting
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