UK Offence Report

Offences and penalties

regulation 19(4) of The Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998

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 Any contravention of regulation 8(2) by the designated person shall be an offence punishable on summary conviction by

a fine not exceeding the statutory maximum, or on conviction on indictment by imprisonment for

a term not exceeding

2 years, or

a fine, or both.

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 This is the text as originally made; later amendments are not shown here.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 designated person
Conduct
dealing with funds or making them available in breach of sanctions
Fault element
Strict liability
Burden of proof
Legal burden on the defendant

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 designated 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 gives a defence the defendant must prove, on the balance of probabilities. A legal burden of that kind can be read down to a merely evidential one under section 3 of the Human Rights Act 1998 where placing it on the defendant would be disproportionate (R v Lambert [2001] UKHL 37; Sheldrake v DPP [2004] UKHL 43).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

The defence, as drafted

ged with an offence under these Regulations to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

What would breach regulation 19(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. Moving, converting or paying away funds that belong to a designated person under the Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998, without a licence from the Treasury.
  2. Making funds or economic resources available to a designated person - which includes paying a third party who will pass on the benefit.
  3. Dealing with an asset in ignorance of the designation is still caught where the provision imposes no knowledge requirement; check the fault element stated below before assuming otherwise.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£1,000
Standard scale
Level 3
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
Status not determined
Made
24 June 1998
In force from
1 July 1998
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations implement Chapter IX (Management for the Safe Operation of Ships) of the Safety of Life at Sea Convention 1974, added in 1994 by a diplomatic conference, except in relation to ro-ro passenger ferries (already implemented by Council Regulation EC No. 3051/95 on the safety management of ro-ro passenger ferries and enforced by the Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997). They also repeal the Merchant Shipping (Operations Book) Regulations 1988. The Regulations apply (on and after 1st July 1998) to non ro-ro passenger ships and certain cargo ships of 500 tons or over, and from 1st July 2002 to other cargo ships (including mobile offshore drilling units) of that size. Companies are required to comply with the International Safety Management (ISM) Code, including holding valid Documents of Compliance and Safety Management Certificates in respect of their ships. Provision is made for annual and intermediate audits of the operation of the safety management systems of companies and ships in respect of those Documents and Certificates. There is a power to suspend services. There are ancillary provisions as to offences concerning Documents and Certificates issued pursuant to the Regulations, a general defence to offences under the Regulations and powers of detention of ships. The ISM Code and the Safety of Life at Sea Convention 1974, its Protocol and amendments (including the added Chapter IX) may be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1. Merchant Shipping Notices are obtainable from Eros Marketing Support Services Ltd., Delta House, Imber Court Business Park, Orchard Lane, East Molesey, Surrey KT8 0BN. A copy of the compliance cost assessment for these Regulations can be obtained from the Marine Information Centre of the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG.

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens; the provision says the conduct is “punishable”
Confidence
0.88 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