UK Offence Report

Penalties

article 22(3) of The Air Navigation (Overseas Territories) (Environmental Standards) Order 2004

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

3 If any person contravenes any provisions of this Order, he shall be guilty of an offence and liable on summary conviction to

a fine not exceeding £2,500.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 article 22(3)?

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 the thing the provision prohibits under the Air Navigation (Overseas Territories) (Environmental Standards) Order 2004, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£2,500
Maximum prison (summary)
Not determined

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
Revoked
Revoked by
The Air Navigation (Overseas Territories) (Environmental Standards) Order 2014 (revoked)
Revoked on
3 December 2014
Made
16 December 2004
In force from
31 January 2005
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 note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order introduces legislation on noise certification and aircraft emissions certification (dealing with fuel venting and emissions of smoke, unburned hydrocarbons, carbon monoxide and oxides of nitrogen) in one document that applies the requirements in Annex 16 to the Convention on International Civil Aviation 1944. The Order is intended: To require all aircraft registered in the Territory and all aircraft taking-off and landing in the Territory to have a valid noise certificate (articles 3 and 4). To define the circumstances under which a noise certificate can be issued and its period of validity and the exception from the requirement for a noise certificate (articles 5 – 7). To require information relating to the noise certificate to be included in the flight manual (article 8). To provide for the Governor to issue exemptions from noise certification requirements (article 9). To require that specified aircraft shall not be registered in nor land or take-off in the Territory unless certified as complying with required standards contained in Annex 16 Volume II (articles 10 - 12). To except from the requirements to have emissions certification aircraft flying in accordance with certain conditions set out in Part A or Part B of Schedule 3 of the Air Navigation (Overseas Territories) Order 2001 or aircraft taking off or landing in a prescribed place (article 13). To provide for the Governor to issue exemptions from the restrictions referred to in (5) above (article 14). To require the noise certificate to be carried and produced when required (articles 15 and 16). To enable the Governor to revoke, suspend or vary a noise certificate (article 17). To set out the offences in relation to noise certificates and emissions certification and the powers of the Governor relating to prevention (articles 18 and 19). To provide for access to aerodromes and obstruction of persons (articles 20 and 21). To set out the penalties for contravening the Order and the liability of offenders (articles 22 and 23). To set out the applicability of the Order to the Crown and visiting forces (article 24). To provide for the Order to have extra-territorial effect (article 25). Annex 16 Volume I (Third Edition – July 1993) and Annex 16 Volume 11 (Second Edition – July 1993) of the Chicago Convention can be purchased from ICAO, Document Sales Unit,999 University Street, Montreal, Quebec HC 5H7, Canada, Tel: +1 (514) 954-8022; Fax: +1 (514) 954-6769 E-mail: sales@icao.int.

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 0.92.

Basis
the provision says a person is “guilty of an offence”
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