UK Offence Report

Penalties

regulation 55(1) of The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015 (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

1 An owner who contravenes regulation 42(2) is guilty of an offence, punishable— a on summary conviction— i in England and Wales by a fine; or ii in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or b on conviction on indictment by a fine.

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 This is the text as originally made; later amendments are not shown here.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
an owner
Conduct
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
Legal burden on the defendant

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 an owner 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 gives a defence the defendant must prove, on the balance of probabilities. A legal burden of that kind can be read down to a merely evidential one under section 3 of the Human Rights Act 1998 where placing it on the defendant would be disproportionate (R v Lambert [2001] UKHL 37; Sheldrake v DPP [2004] UKHL 43).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

The defence, as drafted

nd by a fine not exceeding level 5 on the standard scale. 6 It is a defence for a person charged with an offence under these Regulations that the person took all reasonable steps to avoid commission of the offence. 7 In any proceedings for an offence under these Regulations consisting of a failure to comply with a duty or requirement

What would breach regulation 55(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 an owner contravenes regulation 42(2).
  2. Doing the thing the provision prohibits under the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 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
Standard scale
Level 3
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
23 March 2015
In force from
9 June 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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations give effect to requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, most recently at Manila on 25th June 2010 (“the STCW Convention”). The Regulations implement in part Directive 2012/35/EU (O.J. L343, 14.12.2012, p78), which amended Directive 2008/10/EC on the minimum level of training of seafarers (O.J. L323, 3.12.2008, p33). The Regulations specify mandatory standards of competence and training and certification requirements for seafarers serving on board merchant ships. They impose duties on owners and others responsible for the operation of ships in relation to the certification and training of the seafarers working on their ships and also make provision to ensure the safe manning of vessels in UK waters. Part 1 introduces the first two Schedules which revoke the statutory instruments that are consolidated by these Regulations and make consequential amendments. The revoked instruments are the Merchant Shipping (Certificates of Competency as AB) Regulations 1970, the Merchant Shipping (Training and Certification) Regulations 1997, the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 and related (amending) regulations. Part 2 and Schedule 3 make provision concerning the training and certification of seafarers serving on board sea-going ships registered in the United Kingdom, with certain exceptions principally fishing vessels and certain pleasure vessels. Regulation 5 provides that no person is qualified for the purposes of section 47 of the Merchant Shipping Act 1995 unless that person meets the standards of competence provided for in Part 2. Section 52 of the Act makes it an offence for an unqualified person to go to sea. Regulation 6 and Schedule 3 specify the type of certificate that must be held by an officer and refer to the applicable competency requirements. Regulations 7 to 23, 25 and 26 impose competency and proficiency requirements in relation to seafarers performing specified roles on certain types of ship. Regulation 24 imposes basic training requirements applying to all seafarers. Regulation 27 requires minimum training and competency with regard to safety in the case of a seafarer serving on board a ship that makes international voyages. Regulations 28 to 30 relate to the method of application for, and the form of, a certificate or an endorsement. Regulation 31 describes the circumstances in which an exemption may be granted. Regulations 32 and 33 concern recognition by the Secretary of State of certificates issued by EEA States and other States that are a party to the STCW Convention. Regulations 34 to 41 relate to validity, cancellation, loss and registration of certificates and endorsements, to refresher training and quality of training. Part 3 imposes on owners of hovercraft training and certification requirements which are similar to those that apply under Part 2 to owners and managers of high-speed ships. Part 4 makes provision with regard to the safe manning of ships and watchkeeping. Part 5 concerns enforcement matters. Part 6 contains transitional provisions that apply to certificates and endorsements issued under the regulatory provisions that are being revoked and to training commenced before 1st July 2013. Part 7 requires the Secretary of State to review the operation and effects of these Regulations. Copies of the STCW Convention and its annexes and amendments, including the STCW Code, the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, the International Ship and Port Facility (ISPS) Code and the International Maritime Dangerous Goods Code can be obtained from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR, www.imo.org/publications. Merchant Shipping Notices are published by the Maritime and Coastguard Agency (an executive agency of the Department for Transport). Copies may be accessed via the MCA’s website, www.gov.uk/government/organisations/maritime-and-coastguard-agency, which also has details of any amendments or replacements. 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