UK Offence Report

Obstruction of officers

article 28(2) of The Newhaven Harbour Revision Order 2016

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 in giving such information makes

a statement which he knows to be false, or recklessly provides information which is false, in

a material particular is 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 This is the text as originally made; later amendments are not shown here.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
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 (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: recklessly.

What would breach article 28(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 in giving such information makes a statement which he knows to be false, or recklessly provides information which is false, in a material particular.
  2. Entering a figure on a form or return that is known to be wrong under the Newhaven Harbour Revision Order 2016.
  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
£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
5 February 2016
In force from
7 March 2016
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- a defines the limits of Newhaven Harbour (article 3); b in Part 2 confers on Newhaven Port and Properties Limited (“the Company”) and the harbour master (defined in article 2) powers of direction for the regulation and management of the harbour (articles 4 to 10) and on the Company powers to make or revoke byelaws (articles 11 and 12); c in Part 3 provides for the licensing of commercial workboat services; d in Part 4- i specifies the general functions of the Company in respect of the harbour (defined in article 2) (article 18); ii incorporates certain provisions of the Harbours, Docks and Piers Clauses Act 1847 (1947 c.27) (article 19); iii confers borrowing powers on the Company (article 20 and 22); iv enables the Company to charge interest to capital in certain circumstances (article 21); v enables the Company to grant tenancies and dispose of land and other property for the purpose of or in connection with the management of the harbour undertaking or if it is not required for the purposes of the harbour undertaking (defined in article 2) (article 23); vi enables the Company to carry out certain commercial activities (article 24); vii confers on the Company powers in respect of harbour services and facilities (article 25) viii establishes the conditions for a duly authorised officer of the Company to board a vessel (defined in article 2) for certain purposes (article 26); ix empowers the Company to require information in writing from the owner or master of a vessel embarking or disembarking passengers, or loading or unloading cargo, within the harbour for the purposes of determining whether landing charges are payable and creates an offence of failing to provide such information or knowingly or recklessly providing false information, the penalty for which on summary conviction is a fine not exceeding level 4 on the standard scale (article 27); x creates an offence of intentionally obstructing or threatening, or without reasonable excuse failing to give certain information to, an officer of the Company, or of knowingly or recklessly giving false information to such an officer, for which the penalty on summary conviction of any such offence is a fine not exceeding level 4 on the standard scale (article 28). A full assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen. The harbour map (defined in article3(4)) which delineates the limits of the harbour (article 3(2)) may be inspected during working hours at the principal office of the Company at the Harbour Office, East Quay, Newhaven Harbour, Newhaven, East Sussex, BN9 0BN.

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