UK Offence Report

Offences and penalties

article 26(1) of The Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019

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

1 A person who contravenes

a provision specified in the table in paragraph (2) is guilty of an offence and liable—

a on summary conviction—

i in England and Wales, to

a fine; or

ii in Scotland or Northern Ireland, to

a fine not exceeding the statutory maximum; or

b on conviction on indictment, to

a fine or to imprisonment to

a term not exceeding two years, or to both.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 26(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. On these words an offence is committed where a person contravenes a provision specified in the table in paragraph (2).
  2. Doing the thing the provision prohibits under the Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
Maximum prison (summary)
Not determined

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
10 July 2019
In force from
7 August 2019
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 implements certain provisions of Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (“the Directive”). In particular, this Order transposes the Directive’s requirements relating to dangers arising from cosmic radiation in relation to exposure incurred, or liable to be incurred, by aircrew and spacecrew while performing duties on board aircraft or spacecraft. This Order revokes provisions in from the Air Navigation Order 2016 (S.I. 2016/765) relating to exposure to cosmic radiation and the keeping of certain records and revokes in its entirety the Air Navigation (Cosmic Radiation) (Keeping of Records) Regulations 2000 (S.I. 2000/1380), subject to the savings set out in article 28(3) and (4). Part 1 of this Order contains introductory provisions. Article 2 contains interpretation provisions. Article 3 provides for the application of the Order. Article 4 contains the meaning of the term “operator”. Part 2 contains generally applicable provisions relating to cosmic radiation. Article 5 places restrictions on the amount of cosmic radiation to which operators may expose their crew. Article 6 requires operators to perform a suitable and sufficient assessment of the magnitude of risk to crew from exposure to cosmic radiation (a “risk assessment”) before undertaking aircraft or spacecraft operations. And where a risk assessment has already been performed, no further risk assessment needs to be undertaken in relation to that aircraft or spacecraft unless one of three specified circumstances occur. Further, operators must take into account the results of risk assessments when managing the operation of aircraft or spacecraft with a view to minimising as far as possible the exposure of crew members to cosmic radiation. Article 7 requires operators to assess the exposure to cosmic radiation of “relevant crew members”, take into account that assessment when organising working schedules and inform each crew member of their assessed dose. Article 8 makes provision for the protection of pregnant crew. Article 9 requires operators monitor the exposure to cosmic radiation of crew other than classified crew. Monitoring must be sufficient to identify any crew members who should be classified. Monitoring may be done using one of the computer programmes listed in the article, or one which performs an equivalent funciton. Article 10 requires operators to provide certain information to crew. Article 11 places requirement on operators in the case of an “overexposure” (as defined). Article 12 provides that where a crew member is overexposed, no operator may expose the crew member to more than a proportional amount of cosmic radiation or, if lower, the yearly dose limit remaining in relation to that crew member (minus the dose giving rise to the overexposure). Part 3 contains provisions that relate only to classified crew, Article 13 provides that operators may classify crew members, subject to the crew member being determined by a doctor following a medical examination as being fit to work as a classified crew member. Operators must review classified crew members’ suitability to be classified following each medical examination or assessment. Article 14 provides for the medical surveillance of classified crew members. Article 15 requires health records to be created and maintained for each classified crew member. A health record must be in writing and must contain the information specified in the Schedule. Article 16 provides for monitoring of classified crew. Article 17 makes provision for the keeping of records relating to monitoring under article 16. Article 18 makes provision for an “interested person” to access records of individual exposure to cosmic radiation. Part 4 contains provisions relating to the instruction of experts. Article 19 requires operators to instruct a suitably qualified person to review the processes implemented by the operator to comply with this Order, within the period specified in the article. Part 4 contains provisions relating to inspections, documents, records and powers of the CAA Article 20 empowers the CAA to require operators to provide certain information or documents. Article 21 gives the CAA the right of access to aerodromes and other places to inspect any document for the purpose of monitoring compliance with this Order and any equipment or software used or to be used in connection with monitoring exposure to cosmic radiation. Article 22 prohibits any person from making a false statement in a health record under article 15 or a record of exposure to cosmic radiation under article 17. It also prohibits any person from destroying any such record for the period it is required to be kept under this Order. Article 23 places a duty on the CAA to communicate the findings of any inspection under this Order to the operator to whom the inspection relates. Article 24 empowers the CAA to determine that an operator is not authorised for the purposes of this Order. Where it makes such a determination, the CAA must inform the operator and provide written reasons for making the determination. The CAA may rescind a determination, either of its own accord or on application by the operator. Article 25 prohibits any person from obstructing the CAA while it is exercising a power under this Order. Part 6 contains provisions relating to offences and penalties under this Order. Part 7 contains transitional, revocation and savings provisions. Part 8 imposes a duty on the Secretary of State to review this Order. An impact assessment has not been produced for this instrument as it has no significant impact on business, on civil society organisations or on the public sector.

Read the full note and every offence in this instrument

How this became law

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Neither House could have amended it. A statutory instrument is put to each House as a whole thing, to be approved or not; the Houses can reject an instrument or record their regret, but they cannot change a word of it. That is the constitutional position for every offence on this site.

The full procedural history →

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