UK Offence Report

Obstruction of works

article 8 of The Lymington Harbour (Works) 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

8 Any person who, without lawful authority, intentionally or recklessly obstructs any person acting under the authority of the Commissioners in setting out the lines of the authorised works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, 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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
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 (intentionally, recklessly).

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: intentionally, recklessly.

What would breach article 8?

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 interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out.
  2. Refusing to let an inspector onto premises they are entitled to enter under the Lymington Harbour (Works) Revision Order 2014.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. Physically blocking an examination, or removing something an officer has said they intend to inspect.

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
8 January 2014
In force from
5 February 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 empowers the Lymington Harbour Commissioners (“the Commissioners”) as the harbour authority for Lymington Harbour to construct and maintain two overlapping breakwaters, one to the east and the other to the west of the main navigation channel (article 3) within the limits of deviation on the deposited plans and sections (defined in article 2(1)) (article 4) and confers further powers as to subsidiary works relating to those works (article 5). The works are to be within the New Forest district, when they are completed or substantially completed (article 7). The Order creates an offence of, without lawfully authority, intentionally or recklessly obstructing the carrying out of the works, with a fine on summary conviction not exceeding level 4 on the standard scale (article 8). Articles 9 and 10 make provision against danger to navigation and for the abatement of works abandoned or decayed. The Secretary of State is empowered to order a survey and examination of the authorised works (defined in article 2(1)) or the site on which they are to be constructed and maintained (article 11). Provision is made for the lighting of the authorised works permanently and tidal works during construction (articles 12 and 13). A full regulatory impact assessment has not been produced for this instrument as there is no impact on business or charities or the voluntary sector. The deposited plans and sections 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