UK Offence Report

Offences in respect of which a fine may be imposed on summary conviction only

regulation 16 of The Merchant Shipping (High Speed Craft) Regulations 2022

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

16 A person who contravenes regulation

10 is guilty of an offence punishable on summary conviction—

a in England and Wales by

a fine; or

b in Scotland or Northern Ireland by

a fine not exceeding the statutory maximum.

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 This is the text as originally made; later amendments are not shown here.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 regulation 16?

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 regulation 10.
  2. Doing the thing the provision prohibits under the Merchant Shipping (High Speed Craft) Regulations 2022, 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
Maximum prison (on indictment)
2 years

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
28 November 2022
In force from
19 December 2022
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations implement outstanding amendments to Chapter X of the Annex to the International Convention for the Safety of Life at Sea, 1974 (“the Convention”), which relates to the safety of high speed craft. Chapter X gives effect to the High-Speed Craft Codes, 1994 and 2000 (“the Codes”), which contain the detailed requirements governing high speed craft safety, equipment and operations. These Regulations also amend the Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104) to enable the Secretary of State to charge fees for certain actions (e.g. surveys and inspections) carried out under the Merchant Shipping (High Speed Offshore Support Craft) Regulations 2022 (S.I. 2022/41) and these Regulations. These Regulations revoke and replace the Merchant Shipping (High Speed Craft) Regulations 2004 (S.I. 2004/302) and apply, with certain limited exceptions, to United Kingdom high speed craft and to non-United Kingdom high speed craft when in United Kingdom waters (regulation 4). These Regulations implement all amendments to Chapter X as at the date on which this instrument comes into force. All future amendments to the provisions of Chapter X, and the Codes referred to in them, will be automatically incorporated into these Regulations by way of the ambulatory reference provision (regulation 5) using the power in section 306A of the Merchant Shipping Act 1995 (c. 21). These Regulations provide for the granting of exemptions (regulation 6), the approval of equivalents (regulation 7) and the approval of other matters (regulation 8). Regulation 9 applies the technical requirements in Chapter X to high speed craft. Regulation 10 prescribes various requirements on persons on board high speed craft. Regulations 11 to 14 make provisions for specific requirements relating to risk assessments in respect of wash, safety of persons with reduced mobility, permits to operate and high speed craft safety certificates. Regulations 15 and 16 make provision for offences. Regulation 15 makes it an offence by the owner and master of a high speed craft for it to be used in contravention of any of the requirements of these Regulations. Regulation 16 makes it an offence by persons to contravene the requirements specified in regulation 10. Regulation 17 contains power to detain a ship in cases of non-compliance with these Regulations. Regulation 18 requires the Secretary of State to review the operation and effect of these Regulations and publish a report at the end of the period of five years beginning with the date on which these Regulations come into force and at intervals not exceeding five years after that. Following a review, it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be amended or revoked. A further instrument would be needed to amend or revoke the Regulations. The Schedule to these Regulations makes consequential amendments to other instruments. Merchant Shipping Notice 1672 (M+F) Amendment 4 and Merchant Shipping Notice 1874 (M+F) Amendment 5, which are referred to in these Regulations, are available on https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946254/MSN_1672_Amendment_4_-_FINAL.pdf and https://www.gov.uk/government/publications/msn-1874mf-amendment-5-marine-directive-other-approval-and-standards or in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk) or on https://www.gov.uk/government/organisations/maritime-and-coastguard-agency. The Convention and its Protocol of 1988 may be obtained in copy from the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR and both are available on the Foreign, Commonwealth and Development Office (FCDO) treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/). The text of the IMO Resolutions amending the Convention and Protocol may be obtained from the IMO or on the FCDO treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/). Future amendments to the Convention and to the Protocol, and to the Codes, may be obtained in copy from the IMO and, after coming into force in the United Kingdom, found on the Foreign, Commonwealth and Development Office (FCDO) treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/). Until such publication is made on the FCDO treaties database, an amendment will be available from the MCA and on https://www.gov.uk. An amendment will be publicised in advance of its in-force date by means of a Parliamentary Statement to both Houses of Parliament and by way of a Marine Guidance Note, which will be available in copy from the MCA and on https://www.gov.uk/government/organisations/maritime-and-coastguard-agency. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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”; the provision says the conduct is “punishable”
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