UK Offence Report

Offences and penalties

article 185(5) of The Air Navigation (Overseas Territories) (Amendment) Order 2015

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

5 Any person who contravenes any provision of this Order or of any regulations made under it not being

a provision referred to in paragraphs (6) or (7), is guilty of an offence and liable on summary conviction to

a fine not exceeding £1000, or its equivalent in the currency of the Territory.

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 This is the text as originally made; later amendments are not shown here.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 185(5)?

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 contravenes any provision of this Order or of any regulations made under it not being a provision referred to in paragraphs (6) or (7).
  2. Doing the thing the provision prohibits under the Air Navigation (Overseas Territories) (Amendment) Order 2015, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£1,000
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

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 October 2015
In force from
5 November 2015
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.

Article 3 of this instrument inserts paragraph (1A) in article 19 of the Air Navigation (Overseas Territories) Order 2013 (“the 2013 Order”), to ensure that the Governor publishes requirements for the issue of an export certificate of airworthiness, in order to facilitate the transfer of registration of an aircraft from a Territory to another State. Article 4 of this instrument amends article 26(1)(c) to ensure that an aircraft registered in the Territory for which a certificate of airworthiness is in force does not fly unless it has complied with all mandatory airworthiness directives that have been issued by the Governor, as well as the State responsible for the certification of the aircraft, or alternatively that the Governor has prescribed other means of compliance for such directives. Article 5 empowers the Governor to issue an airworthiness directive in respect of an aircraft or a class or a type of aircraft. This power applies only in respect of aircraft registered in the Territory. Article 6 of this instrument substitutes article 185 of the 2013 Order. In addition to minor drafting changes, to simplify the structure of article 185, it includes, in the case of the power to fine, power to fine an equivalent sum in the Territory’s own currency to the sum stated in pound sterling. Articles 7 and 8 of this instrument insert a new Schedule into the 2013 Order that applies article 185 subject to modifications for particular Territories. The purpose of this amendment is to reflect the different criminal justice systems in the Territories compared to that in the United Kingdom.

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