Provision of crematorium by council

article 17(9) of The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985

• In force
• Requires proof of a state of mind
• Either way
• Education, social security, pensions and public services

The instrument creating this offence has not been revoked so far as the data shows.

What the provision says

9 Any person who wilfully makes

a false representation, or signs or utters any false certificate, with

a view to procuring the cremation of any human remains in

a crematorium provided under this Article shall be guilty of an offence and liable—

a on summary conviction, to imprisonment for

a term not exceeding six months or to

a fine not exceeding the statutory maximum, or to both;

b on conviction on indictment to imprisonment for

a term not exceeding two years or to

a fine of any amount, or to both.

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 This is the text as originally made; later amendments are not shown here.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

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: wilfully.

What would breach article 17(9)?

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 wilfully makes a false representation, or signs or utters any false certificate, with a view to procuring the cremation of any human remains in a crematorium provided under this Article.
2. Entering a figure on a form or return that is known to be wrong under the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985.
3. Leaving out something the form asks for, where the omission is what makes the answer misleading.
4. 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

£2,500

Standard scale

Level 4

Maximum prison (summary)

6 months

Maximum prison (on indictment)

2 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

31 July 1985

In force from

Not determined

Extent

N.I.

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

What Parliament said

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

• Business Lords · 16 July 1985 · Lord Denham

  My Lords, it may be for the convenience of the House if I announce that the Committee stage of the Transport Bill will be adjourned at approximately 7.30 p.m. for approximately one hour and that during this adjournment the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 and the Credit Unions (Northern Ireland) Order 1985 will be taken.

• Criminal Justice (Confiscation) (Northern Ireland) Order 1990 Lords · 19 November 1990 · Lord Lyell

  My Lords, I was impressed by and am grateful to my noble friend for spelling out the provisions of this interesting order. I reiterate everything that has been said by my noble friend and by the noble Lord, Lord Prys-Davies, who once again confirmed that it is necessary to take the measures in the order, above all, to help in the fight against terrorism. I thought that much of the contents of the order was to do…

• Appropriation (Northern Ireland) Commons · 18 February 1993 · Mr. Trimble

  I thank the Minister for his remarks, and take his point about not being in control of statements in the House, or about decisions in that regard—although the hon. Gentleman is not without influence. I will, however, quarrel with his response to my hon. Friend the Member for Antrim, East (Mr. Beggs). Usual courtesies and the procedures of the House ought not to be doled out by the Government as a reward for good…

• Local Government (Amendment) (Northern Ireland) Order 1998 Lords · 6 November 1998

  The noble Baroness said: My Lords, the draft Local Government (Amendment) (Northern Ireland) Order before the House today seeks to repeal certain provisions of the Local Government (Miscellaneous Provisions)(Northern Ireland) Order 1985 which gave the Department of the Environment for Northern Ireland the right to designate district councils when either they had provided adequate travellers' sites or did not have…

Other offences in the same instrument

• Provisions supplementary to Articles 13 and 14article 15(1)
• Provisions supplementary to Articles 13 and 14article 15(10)
• Provisions supplementary to Articles 13 and 14article 15(2)
• Provisions supplementary to Articles 13 and 14article 15(8)
• Provisions supplementary to Articles 13 and 14article 15(8)(a)
• Power to enter premisesarticle 16(7)
• Provision of crematorium by councilarticle 17(8)
• Contravention of closing ordersarticle 7(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.
• The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 Every offence this instrument creates, and its explanatory note
• Education, social security, pensions and public servicesOther offences on the same subject
• Offences created in 1985