Contravention of The Scallop Fishing Order 2004

the instrument as a whole of The Scallop Fishing Order 2004

Revoked
Strict liability
Set by another provision
Health and safety, environment, waste and fisheries

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

Contravening this instrument is an offence under sections 1(7)-(8) and
11 of the Sea Fish (Conservation) Act 1967. 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 This is the text as originally made; later amendments are not shown here.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 Scallop Fishing Order 2004.

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 1(7)-(8) and 11 of the Sea Fish (Conservation) Act 1967.

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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Environmental offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 July 2014
Covers unauthorised or harmful deposit, treatment or disposal of waste, illegal discharges to air, land and water, and the equivalent offences committed by organisations. It is the guideline that introduced turnover bands for corporate fines, so the size of the defendant company is a starting point rather than a mitigating detail.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
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: Revoked
Revoked by: The Scallop Fishing (England) Order 2012
Revoked on: 1 October 2012
Made: 8 January 2004
In force from: 1 February 2004
Extent: Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

This Order places restrictions on the use and carriage of scallop dredges, and applies to British fishing boats within relevant British fishery limits (as defined in article 2). It prohibits the use or carriage of scallop dredges (as defined in article 2(1)) which do not conform to certain technical specifications (articles 3 and 4). However, the restrictions in article 3 do not apply to a dredge which falls within the definition of a scallop dredge, but which does not retain any scallops on board and either is in a shellfish production area (article 2(2)(a)) or on a voyage on which it only fishes for and retains seed mussel for relaying into a shellfish production area (article 2(2)(b)). The Order also contains restrictions on the number of dredges which may be towed within 6 miles of the baselines within relevant British fishery limits (article 5) and, within ICES division VII d, bans the carriage of scallops which measure less than 110 millimetres (articles 6 and 7). If a boat breaches the restrictions in articles 3, 4 or 5, the master, owner and charterer are each guilty of an offence and is liable to a fine not exceeding £5,000 on summary conviction and on conviction on indictment to a fine (sections 3(5) and 11(1)(b) of the Sea Fish (Conservation) Act 1967). The court may also impose an additional fine not exceeding the value of the fish caught with the net and order the net’s forfeiture (section 11(2)-(3) of the 1967 Act). If a boat breaches the restrictions in article 6, the master, owner and charterer is guilty of an offence and is liable to a fine not exceeding the statutory maximum and on conviction on indictment to a fine (sections 1(8) and 11(1)(c) of the Sea Fish (Conservation) Act 1967). The court may also impose an additional fine not exceeding the value of the fish in respect of which the offence was committed, or alternatively order the forfeiture of those fish (section 11(2)-(5) of the 1967 Act). Additionally the Order confers powers of enforcement on British sea fishery officers for the purposes of enforcing this Order or any equivalent Order implementing similar prohibitions in relation to any categories of fishing boat (article 8) and revokes a previous order in so far as it applies within relevant British fishery limits (article 9).

Read the full note and every offence in this 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 0.65.

Basis: the penalty comes from the enabling Act rather than from this instrument
Confidence: 0.65 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 Scallop Fishing Order 2004 Every offence this instrument creates, and its explanatory note
Health and safety, environment, waste and fisheriesOther offences on the same subject
Offences created in 2004