UK Offence Report

Penalties

article 111(5) of The Air Navigation Order 1995

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

5 If any person contravenes any provision specified in Part A of Schedule

12 to this Order he shall be guilty of an offence and liable on summary conviction in Great Britain to

a fine not exceeding level

4 on the Standard Scale, or in Northern Ireland to

a fine not exceeding £2000.

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 This is the text as originally made; later amendments are not shown here.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
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 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 111(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.

  1. Doing the thing the provision prohibits under the Air Navigation Order 1995, 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
Either way — magistrates’ court or Crown Court
Maximum fine
£2,500
Standard scale
Level 4
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.

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 Air Navigation (No. 2) Order 1995
Revoked on
29 August 1995
Made
11 April 1995
In force from
16 May 1995
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 consolidates the Air Navigation Order 1989, as amended. In addition to some minor drafting amendments the following changes are made: The requirement for an aircraft to be maintained in accordance with the Order and to have a certificate of release to service issued in accordance with those requirements does not apply to an aircraft which is required to be maintained in accordance with JAR 145. JAR 145 is a joint aviation requirement annexed to Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation. JAR 145 applies to aircraft flying for the purpose of commercial transport (articles 10, 11, 12 and 13). It is an offence for the holder of an aircraft maintenance engineer’s licence to exercise the privileges of that licence when physically or mentally unfit or under the influence of drink or a drug (article 13(7) and (8)). The Civil Aviation Authority must issue a certificate of validation for any licence issued by the competent authority of a Member State of the European Community based on requirements equivalent to those for the equivalent licence granted by the Authority (article 23). The operator of an aircraft flying for the purpose of public transport must satisfy himself as to the suitability of any site at which it is intended to take off or land. He need not generally satisfy himself about the adequacy of emergency services which are not required to be based at the site but such a requirement may be imposed by way of a condition of the air operator’s certificate (article 30(1)(c)). A person may be carried outside a hovering helicopter flying under a police air operator’s certificate whilst disembarking in accordance with a procedure contained in the police operations manual for the helicopter (article 53). The operator of an aircraft with a certificate of airworthiness in the transport or aerial work category must produce the technical log of that aircraft if required to do so by an authorised person (article 68(2) and Schedule 11). The Order provides for the enforcement of JAR 145 as it has effect under Council Regulation (EEC) No 3922/91 as follows: there are new offences relating to documents and records issued, required or having effect under JAR 145 (article 73); the power conferred on the Civil Aviation Authority and others to prevent aircraft flying may be exercised in circumstances where the flight would be in contravention of JAR 145 (article 107); and the penalties provision has been extended to refer to the provisions of JAR 145 (article 111). The restrictions applicable to flight by balloons, kites, airships, gliders and parascending parachutes have been revised. New definitions are introduced for controllable and uncontrollable balloons and for free controlled flight, tethered flight, captive flight and released flight. Restrictions are placed on the simultaneous release of large numbers of small balloons from a single site (articles 76 and 118(1) and (2)). The provisions concerning the licensing of persons providing air traffic services entitle the Civil Aviation Authority to require applicants for licences to undertake courses of training and to approve such courses. A certificate of competence is required to be included in an air traffic controller’s licence and renewed annually. A new rating is introduced for the exercise of licence privileges at an air traffic control centre. A new rating is introduced for the task of providing radar services to en route aircraft more than 40 miles from an aerodrome. Only specifically approved licence holders are entitled to supervise student air traffic controllers or air traffic controllers who do not hold an appropriate rating. Definitions are introduced for an aerodrome control service, an approach control service, an area control service and an air traffic control centre. An area control centre rating and an area radar rating are introduced. The area radar control (aerodrome) rating and the precision approach radar control rating are deleted. To provide radar services to en route aircraft more than 40 miles from the aerodrome at which the controller is based, a controller will require an area radar rating. The functions of the area radar control rating, the approach control rating and the approach radar control rating may be exercised at the same time (Part IX, article 118 and Schedule 9). An air traffic controller’s licence shall not be granted to a person under the age of 20 years (article 81(1)). The penalties provision refers to standard level fines rather than fixed nominal maximum penalties. The meaning of “police officer” and “chief officer of police for any area of the United Kingdom” is defined (article 118 (1)). Valuable consideration passing wholly within a group of companies is disregarded for the purpose of considering whether a flight is for the purpose of public transport (article 119(5)). The Civil Aviation Authority is the authority for carrying out functions under JAR 145 in the United Kingdom (article 123). The purposes for which an aircraft may fly in accordance with A or B Conditions are extended and clarified (Schedule 2).

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