the following— a any offence under this Act punishable by imprisonment, other than an offence under section…

paragraph 42 of SCHEDULE 1 of The Wireless Telegraphy (Jersey) Order 2006

Status not determined
Strict liability
Energy, communications, water and utilities

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

42 In section 99 (powers of seizure)—
a for subsection (1)(a) substitute the following—
a any offence under this Act punishable by imprisonment, other than an offence under section 111; ;
b in subsection (2), for “person authorised by OFCOM to exercise the powers conferred by this subsection” substitute “police officer”;
c in subsection (3), for “constable” substitute “police officer”;
d in subsection (4), for “person authorised by OFCOM to exercise
a power conferred by this section” substitute “police officer”; and
e in subsection (6), for “constable” substitute “police officer”.

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 This is the text as originally made; later amendments are not shown here.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: 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 paragraph 42 of SCHEDULE 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.

Doing what the provision prohibits, or failing to do what it requires under the Wireless Telegraphy (Jersey) Order 2006.

Penalty

Mode of trial: Not determined
Maximum fine: Not determined
Maximum prison (summary): Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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.

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: Status not determined
Made: 14 December 2006
In force from: 8 February 2007
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 Order extends to the Bailiwick of Jersey provisions of the Wireless Telegraphy Act 2006 (“the Act”), which consolidates all the provisions relating to wireless telegraphy formerly contained in a number of Acts of Parliament. The relevant Acts of Parliament which apply to the Bailiwick of Jersey are— The Wireless Telegraphy Act 1949 (c.54) The Marine,&c., Broadcasting (Offences) Act 1967 (c.41) The Wireless Telegraphy Act 1967 (c.72) The Telecommunications Act 1984 (c.12) The Broadcasting Act 1990 (c.42) The Intelligence Services Act 1994 (c.13) The Wireless Telegraphy Act 1998 (c.6) The Communications Act 2003 (c.21) The Order sets out the provisions of the Act which are to extend to the Bailiwick of Jersey. The modifications which are to apply are set out in Schedule 1 to the Order. Schedule 2 sets out modifications to, and revocations of, previous Orders in Council. The Order will come into effect on 8th February 2007.

Read the full note and every offence in this instrument

Other offences in the same instrument

the following— 2 Conduct falls within this subsection if it is— a conduct that, if engaged in without lawful…paragraph 19 of SCHEDULE 1
the following— 2 Conduct falls within this subsection if it is— a conduct that, if engaged in without lawful…paragraph 19(a) of SCHEDULE 1
the following— a any offence under this Act punishable by imprisonment, other than an offence under section…paragraph 42(a) of SCHEDULE 1
the following — 4 A person who aids, abets, counsels or procures the commission of an offence under this Act…paragraph 47 of SCHEDULE 1
the following — 4 A person who aids, abets, counsels or procures the commission of an offence under this Act…paragraph 47(b) of SCHEDULE 1

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 0.60.

Basis: the provision says the conduct is “punishable”
Confidence: 0.60 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 Wireless Telegraphy (Jersey) Order 2006 Every offence this instrument creates, and its explanatory note
Energy, communications, water and utilitiesOther offences on the same subject
Offences created in 2006