UK Offence Report

In this Part of this Schedule— a “the Convention” means the Convention as set out in Part I of this Schedule…

paragraph 3 of SCHEDULE of The Merchant Shipping (Salvage Convention) (Jersey) Order 1997

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

3 In Part II of Schedule 11—

a for paragraph

1 substitute—

1 In this Part of this Schedule—

a “the Convention” means the Convention as set out in Part I of this Schedule and any reference to

a numbered article is

a reference to the article of the Convention which is so numbered; and

b “Jersey waters” means the sea or other waters within the seaward limits of the territorial sea of Jersey. ;

b omit paragraph 2;

c in paragraph 3(1), for the words from “commits an offence” onwards substitute “shall be guilty of an offence and liable to

a fine or to imprisonment for

a term not exceeding two years, or to both”;

d in paragraph 4, omit “(or, in Scotland, arbiter)”;

e in paragraph 5(1)(a), for “United Kingdom” in the first place where it occurs substitute “Jersey” and for “United Kingdom ship” substitute “ship registered in Jersey”;

f in paragraph 5(2), for “Secretary of State” substitute “Harbours and Airport Committee of the States of Jersey” and for “he” in both places where it occurs substitute “it”;

g in paragraph 6, for the words from “proceedings—” to “High Court;” substitute “proceedings in the Inferior Number of the Royal Court”.

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 This is the text as originally made; later amendments are not shown here.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

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 (Salvage Convention) (Jersey) Order 1997.

Penalty

Mode of trial
Not determined
Maximum fine
Unlimited
Maximum prison (summary)
2 years

'to a fine' with no stated maximum.

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
22 July 1997
In force from
22 August 1997
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 the Bailiwick of Jersey those provisions of the Merchant Shipping Act 1995 which give effect in the United Kingdom to the International Convention on Salvage 1989.

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 0.96.

Basis
the provision says a person “commits an offence”; the provision says a person is “guilty of an offence”
Confidence
0.96 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