What would breach article 8(1A) of Perjury (Northern Ireland) Order 1979?

Entering a figure on a form or return that is known to be wrong under the Perjury (Northern Ireland) Order 1979. Leaving out something the form asks for, where the omission is what makes the answer misleading. Producing a document to an official that has been altered since it was issued.

False statements, etc., with reference to marriage or civil partnership

Q: Is article 8(1A) of Perjury (Northern Ireland) Order 1979 a strict liability offence?

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

article 8(1A) of Perjury (Northern Ireland) Order 1979

In force
Requires proof of a state of mind
Either way
Miscellaneous

The instrument creating this offence has not been revoked so far as the data shows.

What the provision says

1A Any person who— a for the purpose of procuring the formation of a civil partnership or a document mentioned in paragraph (1B)— i makes or signs a declaration required under Part 4 or 5 of the Civil Partnership Act 2004; or ii gives a notice or certificate required under Part 4 or 5 of the Civil Partnership Act 2004, knowing that the declaration, notice or certificate is false; b for the purpose of a record being made in any register relating to civil partnerships— i makes a statement as to any information which is required to be registered under Part 4 or 5 of the Civil Partnership Act 2004; or ii causes such a statement to be made, knowing that the statement is false; c forbids the issue of a document mentioned in paragraph (1B)(a) or (b) by representing himself to be a person whose consent to a civil partnership between a child and another person is required under Part 4 or 5 of the Civil Partnership Act 2004, knowing the representation to be false, shall be guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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: making a false or misleading statement
Fault element: Requires proof of a state of mind
Burden of proof: No statutory defence — prosecution proves everything

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

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: knowing that.

What would breach article 8(1A)?

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.

Entering a figure on a form or return that is known to be wrong under the Perjury (Northern Ireland) Order 1979.
Leaving out something the form asks for, where the omission is what makes the answer misleading.
Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial: Either way — magistrates’ court or Crown Court
Maximum fine: £1,000
Standard scale: Level 3
Maximum prison (summary): Not determined
Maximum prison (on indictment): 7 years

in Northern Ireland a reference to a level is construed as referring to the standard scale as it currently stands (Fines and Penalties (NI) Order 1984 art.5(3)), not as it stood when the instrument was made.

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.

Imposition of community and custodial sentences: definitive guideline All courts in England and Wales
When a community order or custody is justified at all, and the presumption against short custodial sentences.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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: In force
Made: 19 December 1979
In force from: Not determined
Extent: N.I.

How this was established: read from the revised (currently in force) text.

Other offences in the same instrument

False statutory declarations and other false unsworn statementsarticle 10
False declarations, etc., to obtain registration, etc., for carrying on a vocationarticle 11
Aiders, abettors, suborners, etcarticle 12(1)
Aiders, abettors, suborners, etcarticle 12(2)
False written statements tendered in evidencearticle 4(1)
False written statements tendered in evidencearticle 4(2)
False written statements tendered in evidence in courts-martialarticle 5(1)
False unsworn statements under the Evidence (Proceedings in Other Jurisdictions) Act 1975article 6
False statements on oath made otherwise than in a judicial proceedingarticle 7(1)
False statements on oath made otherwise than in a judicial proceedingarticle 7(2)
False statements, etc., with reference to marriage or civil partnershiparticle 8(1)
False statements, etc., as to births or deathsarticle 9(1)

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
Perjury (Northern Ireland) Order 1979 Every offence this instrument creates, and its explanatory note
MiscellaneousOther offences on the same subject
Offences created in 1979