UK Offence Report

2 Any of the following persons who contravenes, or fails to comply with, any of the provisions of Regulation…

article 3(2) of The Sea Fishing (Enforcement of Community Control Measures) Order 1994

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 Any of the following persons who contravenes, or fails to comply with, any of the provisions of Regulation 2847/93, set out below, shall each be guilty of an offence—

a in the case of article 4.2, in its application to

a vessel, the master and the owner or the charterer (if any) and any other person responsible for the vessel, and in its application to premises or

a vehicle, the person responsible for the premises or vehicle;

b in the case of the provision of

a sales note for the purposes of article 9, the first seller of the fish in circumstances where he neither caught the fish nor landed it, or, in any other circumstances, the first buyer of the fish;

c in the case of the provision of

a document for the purposes of article

13 where the quantities of fish are transported outside the compound of the port of landing, the transporter of the fish.

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 This is the text as originally made; later amendments are not shown here.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 master
Conduct
contravening a requirement of the instrument
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 master 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; other provisions of the same instrument use a mens rea word while this one does not (the Cundy v Le Cocq contrast).

What would breach article 3(2)?

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 the thing the provision prohibits under the Sea Fishing (Enforcement of Community Control Measures) Order 1994, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

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.

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 Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000 (revoked)
Revoked on
1 April 2000
Made
28 February 1994
In force from
22 March 1994
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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order revokes the Sea Fishing (Enforcement of Community Control Measures) Order 1993. It re-enacts those Community provisions relating to logbooks, actions to facilitate boarding, provision of boarding ladder and use of communications equipment and operator thereof (articles 3 and 4 of, and paragraphs 1 to 4 of the Schedule to, the Order). Additional provisions, set out in the Schedule to the Order, which provide for the enforcement of Council Regulation (EEC) 2847/93 (“the Council Regulation”) establishing a control system applicable to the Common Fisheries Policy are— 1 requirements for Community fishing boats to give at least two hours advance notice of time and place of landing and quantities of species to be landed (Article 7 of the Council Regulation); 2 requirement to submit landing declaration (Article 8.1 of the Council Regulation); 3 requirement to submit sales note by the first seller or buyer (Article 9 of the Council Regulation); 4 requirement for third country fishing boats to give at least 72 hours advance notice of time and place of landing (Article 10.1 of the Council Regulation); 5 requirement to notify details of trans-shipments (Articles 11 and 12 of the Council Regulation); 6 requirement on the transporter carrying fisheries products in a vehicle to provide a transportation document (Article 13 of the Council Regulation); 7 requirement to keep logbooks, submit landing declarations and details of trans-shipments of catches outside Community waters (Article 17.2 of the Council Regulation); 8 requirement to stow nets (Article 20.1 of the Council Regulation); 9 prohibitions which apply on exhaustion of quota (Article 21 of the Council Regulation). Offences for contravention of these Community provisions are to be found in articles 3 and 4 of, and paragraph 5 of the Schedule to, the Order. For the purpose of enforcing the Community provisions specified in the Schedule, this Order confers on British sea-fishery officers powers to enter premises, to go on board fishing boats, to stop and search vehicles transporting fish, to examine fish, to require the production of documents, to search for and seize documents, to take a boat to the nearest convenient port and to seize fish and fishing gear (articles 6, 7 and 8 of the Order). Provision is also made for the prosecution of offenders and for the punishment of anyone found guilty of furnishing false information or obstructing a British sea-fishery officer (articles 3(1) and (2) and 10 of the Order). The maximum penalties specified for such offences, and for offences relating to the Community provisions specified in the Schedule correspond, in the case of offences equivalent to those under the Sea Fish (Conservation) Act 1967 (c. 84), and the Sea Fisheries Act 1968 (c. 77), both as amended by the Fisheries Act 1981 (c. 29), to the penalties imposed for such offences by those Acts (articles 4 and 10 of the Order). The statutory maximum penalty specified in the Schedule is currently £5,000. The Order provides powers for the recovery of fines imposed by a magistrates' court in England and Wales or Northern Ireland, or in Scotland by a sheriff (article 5 of the Order). The Compliance Cost Assessment relating to this Order is available in the library of each House of Parliament. A copy of it can be obtained from Fisheries IV Division of the Ministry of Agriculture, Fisheries and Food, Room 432, Nobel House, 17 Smith Square, London SW1P 3JR.

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