UK Offence Report

Amendment of the principal Order

article 4 of The Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 1996

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

4 In article 3—

a in paragraph (1)—

i the words “as read with any qualifying words relating thereto in the Schedule” shall be omitted;

ii in paragraphs (i), (ii) and (iii), for the words “or the charterer” (wherever they occur) there shall be substituted the words “and the charterer”;

iii in paragraph (ii), for the words “article 3.1, 3.2 or 3.3 of Regulation 1382/87” there shall be substituted the words “article 3.1 of, article 3.2 of and Annex II to, or article 3.3 of, Regulation 1382/87”;

iv in paragraph (iii)— aa for the words “article 6, 7, 10.1, 11, 12, 17.2, 20.1 or 21.3” there shall be substituted the words “article 6, 7, 10.1 11, 12, 17.2, 19a.2, 19e.1, 19e.2, 19e.3, 20.1, 20.2, 20a, 21.3 or 21c.2”; bb for the words “article 8.1” there shall be substituted the words “article 8.1 or articles 19b and 19c”;

b in paragraph (2)—

i for the words “set out” there shall be substituted the word “specified”;

ii in sub-paragraph (a), for the words “or the charterer” there shall be substituted the words“and the charterer”;

iii in sub-paragraphs (b) and (c), for the words “in the case of the provision of” (wherever they occur) there shall be substituted the words “in relation to the requirement to provide”;

c in paragraph (3), for the words “articles

6 to 13, 17.2 or 21” there shall be substituted the words “articles 6, 7, 8.1, 9, 10.1, 11, 12,

13 or 17.2, articles 19b and 19c or article 19e or 20.2”;

d at the end of the article there shall be inserted the following paragraph—

4 Where there is in respect of any fishing boat

a contravention of, or failure to comply with, articles 19b and 19c of Regulation 2847/93 in so far as it concerns entry into British fishery limits, the master and his representative, the owner and the charterer (if any) shall each be guilty of an offence. .

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 This is the text as originally made; later amendments are not shown here.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

What would breach article 4?

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) (Amendment) Order 1996, 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 here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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
3 January 1996
In force from
5 January 1996
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 amends the Sea Fishing (Enforcement of Community Control Measures Order 1994 (“the principal Order”), which includes provision for the enforcement of— a Council Regulation (EEC) No. 2241/87 establishing certain control measures for fishing activities (OJ No. L207, 29.7.87, p.1) (“the first Council Regulation”) and Commission Regulation (EEC) No. 2807/83 laying down detailed rules for recording information on Member States' catches of fish (OJ No. L276, 10.10.83, p.1) (“the Commission Regulation”), in so far as those Regulations relate to a duty to keep and submit logbooks, in consequence of the Commission Regulation having been amended by Commission Regulation (EC) No. 2945/95 (OJ No. L308, 21.12.95, p.18); b Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy (OJ No. L261, 20.10.93, p.1) (“the second Council Regulation”), in consequence of the second Council Regulation having been amended by Council Regulation (EC) No. 2870/95 (OJ No. L301, 14.12.95, p.1). The principal Order creates offences in respect of breaches of provisions of the first Council Regulation, the Commission Regulation and the second Council Regulation referred to in column 1 (and briefly described in column 2) of the Schedule to that Order and in article 3 of that Order. The principal Order also specifies penalties for such offences and confers powers of enforcement. Council Regulation (EC) No. 2870/95 provides for control and monitoring measures applicable to Community fishing boats exceeding 18 metres in overall length (equivalent to 15 metres in length between perpendiculars) when carrying out fishing activities in ICES divisions Vb, VI, VII, VIII, IX and X and CECAF areas 34.1.1, 34.1.2 and 34.2.0 (“Western waters”), so as to ensure compliance with the system for the management of fishing effort for certain fishery resources in Western waters established by Council Regulation (EC) No. 685/95 (OJ No. L71, 31.3.95, p.5) in implementation of Council Regulation (EC) No. 1275/94 (OJ No. L140, 3.6.94, p.1) on adjustments to the arrangements in the fisheries chapters of the Acts of Accession of Spain and Portugal. The amendments made by Council Regulation (EC) No. 2870/95 include in particular— a a prohibition on the carrying out of fishing activities by boats which have not been authorised by member States in accordance with Articles 2, 3.5 and 9 of Council Regulation (EC) No. 685/95; b a requirement on boats authorised to carry out fishing activities directed at demersal species to complete an effort report detailing each entry into, and exit from, ports located inside each Western waters area, and each entry and exit from such area, either immediately prior to such entry and exit or, in the case of boats conducting trans-zonal fisheries or spending less than 72 hours at sea, at the times prescribed in the Regulation; c a requirement on boats to record in their logbooks entries into, and exits from, ports and areas, as well as additional information in the case of boats using static gear; d requirements relating to carriage, use and stowage of gear; e a prohibition on boats of a member State from carrying out fishing activities in a fishery from the date, fixed by the Commission of the European Communities, on which the maximum fishing effort of that State for that fishery is deemed to have been exhausted. Commission Regulation (EC) No. 2945/95 supplements Council Regulation (EC) No. 2870/95 by specifying the radio stations via which, and the details of the competent authorities to whom, communications of effort reports may be made and by setting out detailed rules for the requirement to record information in logbooks. The Order makes contravention of each of these provisions an offence by incorporating them in the Schedule to the principal Order. The Order additionally provides for certain other, incidental, amendments to the principal Order. A compliance cost assessment in relation to Council Regulation (EC) No. 2870/95 has been prepared and a copy has been placed 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, 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