UK Offence Report

Entry to and use of the controlled land area

section 3(4) 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

4 A person commits an offence if within the controlled land area that person— a enters a part of the area entry to which is marked as prohibited or restricted; b obstructs a person mentioned in byelaw 4(1) who is acting for a military purpose; c interferes with or obstructs the use of any property which is under the control of a person mentioned in byelaw 4(1) who is acting for a military purpose; d moves or interferes with any military equipment or materials; e carries a firearm or offensive weapon; f uses equipment designed or adapted for the purpose of detecting metal; g drives a motor vehicle; h rides or leads a horse; i damages any wall, fence or structure; j moves, damages or defaces a sign or notice; k erects or uses any tent, or any structure designed or adapted for the purpose of facilitating sleeping or staying in a place for any period; l drops or leaves litter or waste except in a receptacle provided for the purpose; m advertises or carries on a trade or business; n lights a fire or does anything likely to cause an outbreak of fire; o fails to keep a dog in his or her charge on a short lead at any time during the period beginning with 1st March and ending with 31st July in each year; p fails to keep under control an animal in his or her charge, without reasonable excuse; q fails to remove any waste created by a dog in his or her charge, without reasonable excuse; r removes, cuts or deliberately damages any plant or fungus; s causes damage to the land; t grazes an animal; u kills or traps animals or birds, or takes or destroys their eggs; v acts in a way likely to cause alarm or distress to another person, without reasonable excuse; w acts in a way likely to cause annoyance, nuisance or injury to another person, without reasonable excuse; x fails to comply with a sign or notice that imposes a prohibition or restriction.

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 This is the text as originally made; later amendments are not shown here.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
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (deliberately).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: deliberately; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

fails to keep under control an animal in his or her charge, without reasonable excuse; q fails to remove any waste created by a dog in his or her charge, without reasonable excuse; r removes, cuts or deliberately damages any plant or fungus; s causes damage to the land; t grazes an animal; u kills or traps animals or birds, or takes or destroy

What would breach section 3(4)?

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