UK Offence Report

2 A person who makes or causes to be made or knowingly allows to be made any entry in a record required to…

regulation 8(2) of The Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 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

2 A person who makes or causes to be made or knowingly allows to be made any entry in

a record required to be kept in pursuance of these Regulations which that person knows to be false in

a material particular is guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowingly).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly.

What would breach regulation 8(2)?

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 makes or causes to be made or knowingly allows to be made any entry in a record required to be kept in pursuance of these Regulations which that person knows to be false in a material particular.
  2. Entering a figure on a form or return that is known to be wrong under the Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014.
  3. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  4. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

this is the level 5 value when the instrument came into force (2014-08-07); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

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
9 July 2014
In force from
7 August 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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations implement part of Regulation 1.4 of the Maritime Labour Convention, 2006 (Cm 7049). They apply to certain employment agencies and employment businesses which carry on business in the United Kingdom and impose requirements in relation to the employment of seafarers on certain sea-going ships. Regulation 4 requires an employment agency to obtain confirmation of specified information before providing certain services in connection with seafarer employment. Regulation 5 provides that employment agencies and employment businesses must take specified steps as regards seafarer employment agreements when providing certain services in connection with seafarer employment. Regulation 6 requires employment agencies and employment businesses to have a financial system of protection as regards persons who they have introduced or supplied for work as a seafarer and who have been employed as such. The system should compensate the seafarer for monetary loss arising from the failure of the shipowner or the employment agency or employment business to meet certain obligations to the seafarer. Regulation 7 imposes a requirement on employment agencies and employment businesses to maintain records to demonstrate compliance with these Regulations. Regulation 8 creates offences for non-compliance with these requirements and regulations 9 to 12 make associated provision (including powers of inspection). Regulation 13 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them. Merchant Shipping Notices and Marine Guidance Notes are published by the Maritime and Coastguard Agency. Copies may be downloaded from the MCA’s website https://www.gov.uk/government/organisations/maritime-and-coastguard-agency or by e-subscription from mnotices@ecgroup.co.uk with ‘Subscribe’ in the subject heading, or obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays Essex RM17 9AY, tel 01375 484548, fax 01375 484556. The Maritime Labour Convention, 2006 may be downloaded from the website of the International Labour Organisation (“ILO”) at www.ilo.org/global/standards/maritime-labour-convention/lang--en/index.htm. Copies of the Convention may be obtained from www.tsoshop.co.uk, by e-mail from customer.services@tso.co.uk or by post from TSO, P.O. Box 29, Norwich, NR3 IGN, Tel: +44 (0)870 600 5522/Fax: +44 (0)870 600 5533, as a priced publication. A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.

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