UK Offence Report

11 A person who breaches a byelaw made under paragraph (1) or (3) commits an offence and is liable on…

article 46(11) of The Lake Lothing (Lowestoft) Third Crossing Order 2020

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

11 A person who breaches

a byelaw made under paragraph (1) or (3) commits an offence and is 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 This is the text as originally made; later amendments are not shown here.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 46(11)?

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 breaches a byelaw made under paragraph (1) or (3).
  2. Doing what the provision prohibits, or failing to do what it requires under the Lake Lothing (Lowestoft) Third Crossing Order 2020.

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
30 April 2020
In force from
21 May 2020
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 Suffolk County Council to construct, operate and maintain the Lake Lothing Third Crossing. This is a lifting bridge which would open to allow tall vessels to pass through Lake Lothing. It would connect the areas to the north and south of Lake Lothing and would be located between the existing bascule bridge carrying the A47 and the existing Mutford Lock bridge. The Order would permit Suffolk County Council to acquire, compulsorily or by agreement, land and rights over land and to use land temporarily for purposes in connection with the authorised development. The Order also includes provisions in relation to the operation of the new lifting bridge and in relation to tidal works. A copy of all documents referred to in this Order and certified in accordance with article 60 of this Order (certification of documents) may be inspected free of charge during working hours at the offices of Suffolk County Council, Endeavour House, 8 Russell Road, Ipswich, Suffolk IP1 2BX and at Riverside, 4 Canning Road, Lowestoft, Suffolk NR33 0EQ.

Read the full note and every offence in this 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”; the provision states liability on summary conviction
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