UK Offence Report

Penalties

regulation 15(2) of The Merchant Shipping (Musters, Training and Decision Support Systems) Regulations 1999

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

2 Any person who fails to carry out any duty assigned to him under regulation 5(5), (6) or (7) shall be guilty of an offence punishable on summary conviction by

a fine not exceeding the statutory maximum.

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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
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 regulation 15(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. On these words an offence is committed where a person fails to carry out any duty assigned to him under regulation 5(5), (6) or (7).
  2. Not doing what the provision requires under the Merchant Shipping (Musters, Training and Decision Support Systems) Regulations 1999, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
30 September 1999
In force from
29 October 1999
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 revoke and replace, with amendments, the Merchant Shipping (Musters and Training) Regulations 1986 and the Merchant Shipping (Musters and Training) (Amendment) Regulations 1993. They give effect to the provisions concerning decision support systems, musters, drills and related training in the International Convention for the Safety of Life at Sea, 1974 (SOLAS), Chapter III and implement, in part, Council Directive 98/35/EC (O.J. L172, 17.6.98, p. 1) amending Directive 94/58/EC (O.J. L319, 12.12.94, p. 28) on the minimum level of training of seafarers. In addition to drafting changes, the principal change of substance is the introduction of the requirements concerning decision support systems for ships of Class I, II, II(A) (regulation 4). This provision implements regulation 19 of Chapter III adopted on 29 November 1995 by the Contracting Governments to SOLAS. The provisions of these Regulations also give effect to article 5g1(5) of Directive 94/58/EC, as amended by Council Directive 98/35/EC. The Regulations impose criminal penalties on both the master and the owner in respect of a breach of their requirements (regulation 15). A regulatory impact assessment has been prepared and copies may be obtained from the Maritime and Coastguard Agency, Bay 3/12 Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone: 01703 329186). A copy has been placed in the library of each House of Parliament. Merchant Shipping Notices are obtainable from Eros Marketing Support Services, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN. Copies of SOLAS are obtainable from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR.

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”; the provision says the conduct is “punishable”
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