UK Offence Report

22 1 Any person who— a trespasses on any part of the railway; or b trespasses on any land occupied by the…

article 22(1) of The High Speed Rail (London – West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018

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

22 1 Any person who— a trespasses on any part of the railway; or b trespasses on any land occupied by the Nominated Undertaker in dangerous proximity to the railway or to any electrical or other apparatus used for or in connection with the operation of the railway, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
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 article 22(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. Doing what the provision prohibits, or failing to do what it requires under the High Speed Rail (London – West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018.

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
7 June 2018
In force from
28 June 2018
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 High Speed Two (HS2) Limited to construct railway sidings and associated works adjacent to the Aylesbury Link Railway (also known as the Marylebone to Claydon Junction Line) for the loading and offloading of spoil and waste material to the Calvert Landfill and the Greatmoor Energy from Waste Facility in the District of Aylesbury Vale, County of Buckinghamshire. The works are required in connection with Phase One of the proposed High Speed Railway between London and Birmingham and will replace existing railway sidings and facilities for the transfer of waste located near the village of Calvert also in the District of Aylesbury Vale and currently operated by FCC Waste Services (UK) Limited. In addition to the new railway sidings (Works Nos. 1 to 3) the works include two bridges over the railway sidings (Works Nos. 4 and 6) and an access road (Work No.5). The Order also authorises the compulsory acquisition and temporary use of land for the purposes of the works and confers powers in connection with the construction and operation of the works. A copy of the deposited plans, sections and the book of reference mentioned in the Order and certified in accordance with article 24 of this Order may be inspected free of charge during normal working hours at the offices of High Speed 2 Limited at 5th Floor, Sanctuary Buildings, 20 Great Smith Street, London SW1P 3BT.

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