UK Offence Report

Fine for obstructing works

article 10 of The Folkestone Harbour Revision Order 2017

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

10 Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of, or in constructing the works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to

a fine not exceeding level

3 on the standard scale, and shall in addition be liable to repay to the Company as

a debt any expenses incurred by them in making good any damage resulting from such obstructions, interference, moving or removal.

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 This is the text as originally made; later amendments are not shown here.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

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: intentionally.

What would breach article 10?

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 interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out.
  2. Refusing to let an inspector onto premises they are entitled to enter under the Folkestone Harbour Revision Order 2017.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Summary only — tried in a magistrates’ 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
24 April 2017
In force from
1 August 2017
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 authorises Folkestone Harbour Company Limited (“the Company”) as the harbour authority for Folkestone Harbour to construct and maintain works and other facilities at the harbour. It confers ancillary powers on the Company in connection with the works. The Order also confers further powers on the Company to maintain and regulate its undertaking (defined in article 2(1)) at the harbour and specifies the harbour limits (so defined). Copies of the environmental statement furnished by the Company as applicant for this Order pursuant to paragraph 8 of Schedule 3 to the Harbours Act 1964 and the deposited plans, sections and map may be inspected, free of charge, at the offices of the applicant at Port Office, Folkestone Harbour, Kent CT20 1QH. A full regulatory impact assessment has not been provided for this instrument as there is no impact on business or charities or the voluntary sector.

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