Restrictions on disclosure of information

Q: Is article 29(1) of The Consumer Protection (Northern Ireland) Order 1987 a strict liability offence?

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.

article 29(1) of The Consumer Protection (Northern Ireland) Order 1987

Revoked, but still prosecutable
Strict liability
Either way
Food, consumer protection, trading standards, product safety and age-restricted sales

The provision has been revoked, but a saving provision keeps it prosecutable for conduct before a stated date. A person can still be charged with something it is no longer an offence to do.

What the provision says

1 Subject to paragraph (2),
a person shall be guilty of an offence if he discloses any information—
a which was obtained by him in consequence of its being given to any person in compliance with any requirement imposed by regulations under Article 19;
b which was obtained by him in consequence of the exercise by any person of any power conferred by Part IV.

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 This is the text as originally made; later amendments are not shown here.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: breaching the provision
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 29(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.

On these words an offence is committed where a person discloses any information— a which was obtained by him in consequence of its being given to any person in compliance with any requirement imposed by regulations under Article 19.
Doing what the provision prohibits, or failing to do what it requires under the Consumer Protection (Northern Ireland) Order 1987.

Penalty

Mode of trial: Either way — magistrates’ court or Crown Court
Maximum fine: £5,000
Maximum prison (summary): Not determined
Maximum prison (on indictment): 2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
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: Revoked, but still prosecutable
Revoked by: The Consumer Protection from Unfair Trading Regulations 2008
Revoked on: 26 May 2008
Still prosecutable for conduct before: 26 May 2008
Made: 26 November 1987
In force from: Not determined
Extent: Not stated

expressed as the coming into force of the revoking instrument (2008-05-26)

How this was established: revoked, but a saving provision keeps the offence prosecutable for conduct before the stated date.

What the instrument is for

This Order is made only for purposes corresponding to those of provisions of the Consumer Protection Act 1987 specified in section 49(1)(a) to (c) of that Act. Part II implements the EC Directive on product liability (85/374/EEC) which was adopted by the Council on 25 July 1985. Part III deals with misleading price indications; in particular, it makes it an offence to give a misleading price indication in respect of goods, services, accommodation or facilities.

Read the full note and every offence in this instrument

Other offences in the same instrument

Subject to this Part, a person shall be guilty of an offence if, in the course of any business of his, he…article 13(1)
Subject as aforesaid, a person shall be guilty of an offence if— a in the course of any business of his, he…article 13(2)
Provisions supplemental to Article 22article 23(5)
Obstruction of authorised officerarticle 24(1)
Obstruction of authorised officerarticle 24(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 0.92.

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 Consumer Protection (Northern Ireland) Order 1987 Every offence this instrument creates, and its explanatory note
Food, consumer protection, trading standards, product safety and age-restricted salesOther offences on the same subject
Offences created in 1987