Contravention of The A1 Trunk Road (Islington) Red Route (Bus Priority) Experimental Traffic Order 2000
the instrument as a whole of The A1 Trunk Road (Islington) Red Route (Bus Priority) Experimental Traffic Order 2000
- Status not determined
- Strict liability
- Set by another provision
- Public order, protest, anti-social behaviour and street offences
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
Contravening this instrument is an offence under sections
5 and 17(4) of the Road Traffic Regulation Act 1984. The instrument itself contains no offence-creating words.
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 This is the text as originally made; later amendments are not shown here.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
- Not determined
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.
Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.
What would breach the instrument as a whole?
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.
- Doing what the provision prohibits, or failing to do what it requires under the A1 Trunk Road (Islington) Red Route (Bus Priority) Experimental Traffic Order 2000.
Penalty
- Mode of trial
- Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
- Maximum fine
- Not determined
- Maximum prison (summary)
- Not determined
The instrument does not state a penalty itself. It sets one by reference to sections 5 and 17(4) of the Road Traffic Regulation Act 1984.
the penalty is in the parent Act, not in this instrument.
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.
-
Breach offences: definitive guideline
Magistrates' courts and the Crown Court in England and Wales · in force from 1 October 2018
Covers breach of a court order rather than breach of a regulation, but is reached whenever an instrument's requirement is enforced through an order the court has already made.
-
Reduction in sentence for a guilty plea: definitive guideline
All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
-
General guideline: overarching principles
All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
-
Totality: definitive guideline
All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.
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
- 7 February 2000
- In force from
- 21 February 2000
- 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.
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 0.63.
- Basis
- the penalty comes from the enabling Act rather than from this instrument
- Confidence
- 0.63 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
- This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
- The A1 Trunk Road (Islington) Red Route (Bus Priority) Experimental Traffic Order 2000 Every offence this instrument creates, and its explanatory note
- Public order, protest, anti-social behaviour and street offencesOther offences on the same subject
- Offences created in 2000