UK Offence Report

Offences and penalties

article 27(3) of The Air Navigation (Environmental Standards For Non-Part 21 Aircraft) Order 2008

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

3 If any person contravenes any provisions of this Order, not being

a provision referred to in paragraph (4), he is guilty of an offence and liable on summary conviction 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 This is the text as originally made; later amendments are not shown here.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
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 27(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 (Environmental Standards For Non-Part 21 Aircraft) Order 2008, 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
£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
10 December 2008
In force from
Not determined
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 revokes and replaces the Air Navigation (Environmental Standards) Order 2002. This Order sets out the environmental standards (noise and emissions) with which specified categories of United Kingdom registered aircraft which are not subject to the Basic EASA Regulation (O.J. No. L 240 of 7.09.2002, p.1) must comply. The Basic EASA Regulation establishes the European Aviation Safety Agency, sets out essential requirements for environmental protection and provides for the making of implementing rules in support of those essential requirements. The aircraft which are not subject to the Basic EASA Regulation are State aircraft and those coming within one of the categories listed in Annex II to that Regulation. United Kingdom registered aircraft which are subject to the Basic EASA Regulation must comply instead with the environmental standards provided for in that Regulation and in Commission Regulation (EC) No 1702/2003 (O.J. No. L 243, 27.9.2003, p.6). Apart from minor drafting changes no changes are made to the requirements for those aircraft which are subject to this Order. Copies of Annex 16 to the Convention on International Civil Aviation (Volume 1-Aircraft Noise, 4th edition and Volume II-Aircraft Engine Emissions, 2nd edition, both published by the International Civil Aviation Organisation) may be obtained from— Airplan Flight Equipment Ltd, 1A Ringway Trading Estate, Shadowmoss Road, Manchester M22 5LH; or Labeline (Air, Sea and Road), Holly House, 14 Tenby Road, Frimley, Surrey GU16 5UT. A Regulatory Impact Assessment has not been produced for this instrument as it has no new impacts on business, charities or voluntary bodies.

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”
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