UK Offence Report

Obstruction of works

article 6 of The Dover Harbour Revision Order 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

6 Any person who without lawful authority—

a intentionally or recklessly obstructs any person acting under the authority of the Board in setting out the lines of or in constructing the works; or

b without reasonable excuse interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, is guilty of an offence and liable on summary conviction to

a fine not exceeding level

3 on the standard scale and will in addition be liable to repay to the Board as

a debt any expenses incurred by it in making good any damage resulting from such obstruction, 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 This is the text as originally made; later amendments are not shown here.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
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally, recklessly).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally, recklessly; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

setting out the lines of or in constructing the works; or b without reasonable excuse interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and will in addition

What would breach article 6?

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. Refusing to let an inspector onto premises they are entitled to enter under the Dover Harbour Revision Order 2022.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. 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
27 June 2022
In force from
22 July 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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order authorises the Dover Harbour Board (“the Board”) to construct and maintain works at Dover Harbour in the County of Kent. The principal work comprises the construction of a wave wall (article 3) which may be constructed within the limits of deviation (article 4). The Board is also authorised to carry out subsidiary works within the limits of deviation in connection with the construction of the wave wall as well as temporary construction activity in the waters adjacent to those limits (article 5). The Order creates an offence of intentionally or recklessly obstructing or, without reasonable excuse, interfering with the construction of the works, with a person guilty of such an offence being liable on summary conviction to a fine not exceeding level 3 on the standard scale (article 6). The Secretary of State may order a survey and examination of a tidal work or of the site on which that work is to be constructed (article 7). Provision is made against danger to navigation in the event of injury to, or destruction or decay of, a tidal work (article 8) and for the abatement of a tidal work in the event that they become abandoned or decayed (article 9). Provision is made for the lighting of a tidal work during its construction or any alteration (article 10) and for the permanent lighting of a tidal work after it has been constructed (article 11). In the event that the works authorised by article 3 are not substantially completed within ten years from the coming into force of the Order (or such extended time as the Secretary of State may allow) then provision is made for the powers to construct and maintain those works to cease except as to so much of them as is then substantially commenced (article 12). Provision is made for the works authorised by the Order to be deemed for all purposes to be part of the harbour (defined in article 2(1)) (article 13) so that all enactments relating to the harbour and the byelaws, directions, rules and regulations of the Board for the time being in force relating to the harbour, apply to the works and may be enforced by the Board. A defence of due diligence is available to the Board in respect of offences under articles 8, 10 and 11 (article 14). The Order provides a saving for Trinity House (article 15) and protection for the Crown (article 16). The deposited plan and section referred to in article 2(1) may be inspected during working hours at the offices of Dover Harbour Board at Harbour House, Dover, Kent CT17 9BU and at the offices of the Marine Management Organisation at Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH. It is also available for inspection on the Dover Harbour Board website, https://www.doverport.co.uk. An impact assessment has not been prepared for this Order as there is no, or no significant, impact predicted on businesses, charities, voluntary bodies or the public sector. An Explanatory Memorandum together with a copy of the deposited plan and section is available alongside the instrument on the UK legislation website, www.legislation.gov.uk.

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 →

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