UK Offence Report

Penalties

article 21(3) of The Air Navigation (Overseas Territories) (Environmental Standards) Order 2014 (revoked)

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, the person is guilty of an offence and liable on summary conviction to

a fine not exceeding £2,500.

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 This is the text as originally made; later amendments are not shown here.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 21(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 (Overseas Territories) (Environmental Standards) Order 2014, 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
£2,500
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
5 November 2014
In force from
3 December 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 makes provision for noise certification and aircraft emissions certification and applies the requirements in Annex 16, Volumes I and II (6th edition) to the Convention on International Civil Aviation 1944. The Order has the following effect. 1 It requires all aircraft registered in the Territory and all aircraft taking-off and landing in the Territory to have a valid noise certificate in accordance with Attachment G of Volume I of Annex 16 (articles 4 and 5). 2 It defines the circumstances under which a noise certificate can be issued and its period of validity and the exception from the requirement for a noise certificate (articles 6, 7 and 8). 3 It requires information relating to the noise certificate to be included in the flight manual (article 9). 4 It provides for the Governor to issue exemptions from noise certification requirements (article 9). 5 It requires that specified aircraft must not land or take-off in the Territory unless certified as complying with required emissions standards contained in Annex 16 Volume II (articles 10 and 11). 6 It provides for the Governor to recognise the validity of emissions certification issued by the competent authority of another Contracting State or territory to which this Order applies (article 12). 7 It provides for the Governor to issue exemptions from the restrictions referred to in paragraph 5 above (article 13). 8 It requires the noise certificate to be carried and produced when required and make failure to do so an offence (articles 14 and 15). 9 It enables the Governor to revoke, suspend or vary a noise certificate (article 16). 10 It sets out the offences in relation to noise certificates and emissions certification and the powers of the Governor relating to prevention (articles 17 and 18). 11 It provides for access to aerodromes and aircraft and obstruction of persons (articles 19 and 20). 12 It sets out the penalties for contravening the Order and the liability of certain offenders (articles 21 and 22). 13 It sets out the applicability of the Order to the Crown and visiting forces (article 23). 14 It provides for the Order to have extra-territorial effect (article 24). 15 It provides for the Governor to approve persons to provide reports (article 25). 16 It requires the Governor to publish requirements for noise certification (article 27). 17 It requires the Governor to designate a person to carry out his functions under the Order on the Governor’s behalf (article 28). Annex 16 of the Chicago Convention can be purchased from:ICAO, online, at www.icao.int.

Read the full note and every offence in this 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