UK Offence Report

Entry to and use of the controlled land area

section 3(2) of The Templeton Training Area Byelaws 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 commits an offence if that person—

a enters the controlled land area or remains in it,

b causes anything to enter or remain in that area so as to obstruct the use of that area, or

c flies or causes anything to fly over that area at

a height of less than 500 feet, when it is being used for

a military purpose.

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 This is the text as originally made; later amendments are not shown here.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
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 section 3(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. Refusing to let an inspector onto premises they are entitled to enter under the Templeton Training Area Byelaws 2016.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

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
11 April 2016
In force from
11 August 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 Byelaws) — the explanatory note published with the instrument, © Crown copyright.

These Byelaws regulate an area of land known as the Templeton Training Area, near Templeton in Pembrokeshire. Byelaw 3 regulates entry to and use of the area. Under byelaws 3(1) and (2) public access is permitted when the area is not being used for military purposes. However, under byelaw 3(4) there are a number of activities that are not permitted, for example, driving a motor vehicle. A breach of byelaw 3(2) or 3(4) is an offence. Under byelaw 4, certain people are exempted from byelaws 3(2) and 3(4), including those authorised to use the area for military purposes (under byelaw 4(1)) and persons acting in accordance with a written permission from the appointed person (under byelaw 4(2)(a)). Any person seeking permission under byelaw 4(2)(a) should apply in writing to: the Appointed Person for Templeton Training Area, Penally Training Camp, Penally, Tenby, SA70 7QL. Under byelaw 5, these Byelaws do not affect certain private rights of way or the public rights of way that cross the area. Under byelaw 6, a constable and certain other persons may, in order to prevent an offence under byelaw 3(2) or 3(4), direct a person to leave the area or to remove anything over which he or she has control. A direction to leave the area may include a requirement for the person not to return to the area before a specified period (of not more than 28 day) has expired. It is an offence under byelaw 6(6) to fail to comply with a direction to leave. In certain circumstances a constable or enforcement officer may under byelaw 7 remove a person from the area.

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 “commits 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