UK Offence Report

Failure to comply with directions

article 8(1) of The Lymington Harbour Revision Order 2014

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 A person who fails to comply with

a general direction or special direction shall be guilty of an offence and liable on summary conviction to

a fine not exceeding level

4 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 This is the text as originally made; later amendments are not shown here.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
failing to comply with a notice or direction
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 8(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. On these words an offence is committed where a person fails to comply with a general direction or special direction.
  2. Being served with a notice under the Lymington Harbour Revision Order 2014 and doing nothing by the date it specifies.
  3. Doing part of what the notice requires, where it required all of it.
  4. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£2,500
Standard scale
Level 4
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
24 April 2014
In force from
23 May 2014
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— a defines the limits of Lymington Harbour (article 3); b in Part 2 confers on the Lymington Harbour Commissioners (“the Commissioners”) and their Harbour Master (defined in article 2) powers of direction for the regulation and management of the harbour; c provides in Part 3 for the licensing of operators of harbour water taxi services (defined in article 2); d confers on the Commissioners powers in respect of harbour services and facilities (article 16); e establishes the conditions for a duly authorised officer of the Commissioners to board a vessel for certain purposes (article 17); f enables the Commissioners to require the master or owner of a vessel embarking or disembarking passengers or loading or unloading goods to furnish information required for the imposition of landing fees and charges (article 18); and g alters the method of calculating the limit of the amount of the Commissioners’ reserve fund (article 22) and their temporary borrowing powers (article 23). Article 19 creates an offence of intentionally obstructing or threatening, or without reasonable excuse failing to give information to, the Harbour Master or a member of his staff acting in performance of his functions or of giving false information to such an officer, for which the penalty on summary conviction of any such offence is a fine not exceeding level 4 on the standard scale. A full assessment has not been produced for this instrument as no impact on business or the private or voluntary sectors is foreseen. The harbour map (defined in article 3(4)) may be inspected during working hours at the principal office of the Commissioners at the Harbour Office, Bath Road, Lymington SO41 3SE.

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