Subject to paragraph 4, where ... the preliminary inquiry of the offence is conducted before a resident…

paragraph 3 of SCHEDULE 4 of The Magistrates' Courts (Northern Ireland) Order 1981

• In force
• Strict liability
• Courts, police, prisons and the administration of justice

The instrument creating this offence has not been revoked so far as the data shows.

What the provision says

3 Subject to paragraph 4, where ... the preliminary inquiry of the offence is conducted before

a resident magistrate and the offence is an offence which in the case of an adult may with his consent be dealt with summarily, then, if the corporation does not appear before the resident magistrate by

a representative or if he does so appear and consents by such representative that the offence should be so dealt with, the resident magistrate may deal with the offence summarily as if the corporation were an adult who had consented to summary trial.

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 This is the text as originally made; later amendments are not shown here.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

dealing with funds or making them available in breach of sanctions

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 paragraph 3 of SCHEDULE 4?

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. Moving, converting or paying away funds that belong to a designated person under the Magistrates' Courts (Northern Ireland) Order 1981, without a licence from the Treasury.
2. Making funds or economic resources available to a designated person - which includes paying a third party who will pass on the benefit.
3. Dealing with an asset in ignorance of the designation is still caught where the provision imposes no knowledge requirement; check the fault element stated below before assuming otherwise.

Penalty

Mode of trial

Not determined

Maximum fine

Not determined

Maximum prison (summary)

Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

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.

• 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

24 November 1981

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

• Subject to paragraphs (4) and (5), a person commits an offence if— a being required by Article 102(1) or…article 108(1)
• Penalty for witness failing to appear or obey direction of court excluding himarticle 119(1)
• Proof by affidavit of service of summons, handwriting, etcarticle 126(4)
• Non-appearance of accused: issue of warrantarticle 25(2)
• Where a person over the age of fourteen years is charged before a court of summary jurisdiction with a…article 29(1)
• Reports of preliminary proceedingsarticle 44(3)
• Remand for inquiry into physical or mental conditionarticle 51(1)
• Power to impose fine in lieu of imprisonmentarticle 54(1)
• Power to impose fine in lieu of imprisonmentarticle 54(1)(b)
• Power to impose fine in lieu of imprisonmentarticle 54(1)(b)(ii)
• Orders for periodical payment: means of paymentarticle 85(14)
• Newspaper reports of domestic proceedingsarticle 90(2)

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 0.62.

Basis

the provision says an offence is committed “if” something happens

Confidence

0.62 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.
• The Magistrates' Courts (Northern Ireland) Order 1981 Every offence this instrument creates, and its explanatory note
• Courts, police, prisons and the administration of justiceOther offences on the same subject
• Offences created in 1981