UK Offence Report

The regulations may in particular include provisions– a with respect to the application of the regulations…

paragraph 2(2) of SCHEDULE 3 of The Merchant Shipping (Prevention and Control of Pollution) (Bermuda) Order 1992

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

2 The regulations may in particular include provisions– a with respect to the application of the regulations to the Crown and the extra-territorial operation of the regulations; b that specified contraventions of the regulations shall be offences punishable on summary conviction by a fine not exceeding $100,000 and on conviction on indictment by imprisonment for a term not exceeding two years and a fine;

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 This is the text as originally made; later amendments are not shown here.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 paragraph 2(2) of SCHEDULE 3?

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 Merchant Shipping (Prevention and Control of Pollution) (Bermuda) Order 1992.

Penalty

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

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
28 October 1992
In force from
1 December 1992
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 Bermuda modified provisions of the Merchant Shipping (Prevention and Control of Pollution) Order 1987, the Merchant Shipping (Prevention and Control of Pollution) Order 1990 and the Merchant Shipping (Prevention of Pollution by Garbage) Order 1988. The Order enables effect to be given in Bermuda to Annexes II, III and V and Protocol I to the International Convention for the Prevention of Pollution from Ships 1973 as amended by the Protocol thereto of 1978 and by the amendments thereto adopted by the Marine Environment Protection Committee of the International Maritime Organisation at its subsequent sessions. The Order empowers the Governor to make regulations for the purpose of giving effect to Annex II (which relates to pollution by noxious liquid substances), Annex III (which relates to pollution by harmful substances in packaged form), Annex V (which relates to pollution by garbage) and Protocol I (which relates to reporting of pollution incidents). In particular, the regulations may include provisions with respect to the carrying out of surveys, the issue of certificates, the application of the regulations to the Crown, the imposition of penalties and the detention of ships. Copies of the Convention, the Annexes and the amendments are obtainable from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR.

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 0.60.

Basis
the provision says the conduct is “punishable”
Confidence
0.60 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