UK Offence Report

Failure to comply with directions

article 16(1) of The Dee Estuary Conservancy Harbour Revision Order 2023 (revoked)

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 fails to comply with

a general direction or

a special direction is guilty of an offence and liable on summary conviction to

a fine not exceeding level

4 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 This is the text as originally made; later amendments are not shown here.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
failing to comply with a notice or direction
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 16(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 fails to comply with a general direction or a special direction.
  2. Being served with a notice under the Dee Estuary Conservancy Harbour Revision Order 2023 and doing nothing by the date it specifies.
  3. Doing part of what the notice requires, where it required all of it.
  4. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£2,500
Standard scale
Level 4
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
19 April 2023
In force from
Not determined
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, made on the application of the Natural Resources Body for Wales (“the conservancy authority”), amends and modernises its powers of management and regulation as conservancy, harbour and local lighthouse authority for the estuary of the river Dee and provides for— 1 The jurisdiction and general functions and powers of the conservancy authority (article 4). 2 The establishment of a consultative committee, with whom the conservancy authority must consult on all matters substantially affecting the conservancy, maintenance, protection, regulation, operation, management and improvement of the estuary and its navigation (article 5). 3 Powers relating to aids to navigation (article 6) and the removal of obstructions to the use of the estuary (article 7). 4 Powers relating to moorings (article 8), the repair of landing places (article 9), dredging (article 10) and the disposal of wrecks (article 11). 5 Powers to make byelaws (article 12(1) to (9) and Schedule 1), to regulate the use of the Dee estuary (article 12(10) and Schedule 2) and to give general directions (article 13) and special directions (article 15). 6 A modern suite of charging powers (articles 19 to 25) including exemptions from harbour dues (article 24) and the prevention of sailing of vessels (article 25). 7 The restriction of works and dredging in the estuary without a licence from the conservancy authority (article 26) and the control of certain works by statutory undertakers within the estuary (article 27). 8 Powers to grant licences for works (article 28) and for dredging (article 29) within the estuary. 9 The lighting of any tidal works during construction (article 31) and upon completion of those works (article 35). 10 Powers to enter and inspect vessels within the estuary (article 38) and creates an offence of obstructing officers of the conservancy authority (article 39). 11 Savings for the Crown (article 40), Trinity House (article 41) and the Mersey Docks and Harbour Company (article 43). 12 The protection of Mostyn Docks Limited as statutory harbour authority for the Port of Mostyn (article 42 and Schedule 3). 13 The repeal of certain provisions of the Dee Conservancy Act 1889. An impact assessment has not been prepared for this instrument as there is no, or no significant impact predicted on business, charities, voluntary bodies or the public sector. This Order is published on the UK legislation website www.legislation.gov.uk.

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