UK Offence Report

Penalties

article 6(1) of The Dockyard Port of Portsmouth Order 2005

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

1 The Master of every vessel shall observe and cause to be observed the Regulations contained in Schedule 1, so far as they relate to his vessel, and any such Master or any other person who—

a infringes any provision of those Regulations,

b fails to cause the same to be observed,

c fails to observe any direction given under those Regulations,

d fails to comply with any condition or directions attached to

a licence or permission granted under those Regulations, or

e fails to comply with any notice issued under those Regulations, is guilty of an offence and shall for every such offence be liable to

a fine not exceeding level

3 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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 a condition of a licence, permit or consent
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 6(1)?

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. Holding a valid licence but doing the thing it allows outside the hours, place or limits its conditions set under the Dockyard Port of Portsmouth Order 2005.
  2. Failing to do something a condition positively requires - a record, a notification, a monitoring step - even though the licensed activity itself is carried on properly.

Penalty

Mode of trial
Not determined
Maximum fine
£1,000
Standard scale
Level 3
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
Status not determined
Made
7 June 2005
In force from
10 June 2005
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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order is made under the Dockyard Ports Regulation Act 1865, which provides for defining the limits of a dockyard port, the appointment of a Queen’s harbour master for the port and the making of rules concerning the lights or signals to be carried or used and the steps for avoiding collisions by vessels navigating the waters of the port. The Order supersedes the Dockyard Port of Portsmouth Order 1978. The Order makes provision for— an increase in the maximum penalty for offences from £50 to level 3 on the standard scale; controls on jet-skiing, parascending and windsurfing; and movement of small boats; and changes to rules on anchoring and mooring; fishing; swimming and diving; water-skiing; speed limits; reserved and recreational areas; firearms, weapons and explosives; Port radio communication; shipping movement control; restriction of movement in poor visibility; and temporary restrictions on movement within the Dockyard Port. Admiralty charts relating to the Dockyard Port area are issued by the Hydrographer of HM Navy and can be bought from authorised suppliers; details of these suppliers can be obtained from the United Kingdom Hydrographic Office, Admiralty Way, Taunton, Somerset TA1 2DN (telephone number 01823 337900; fax number 01823 284077).

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 states a penalty in older drafting
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