g he commits an offence under Article 8 of that Order (living on earnings of male prostitution) by living…

paragraph 3(g) of SCHEDULE of The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

Status not determined
Strict liability
Set by another provision
Corporate, financial services, company law, employment, charity, electoral and tax

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

g he commits an offence under Article 8 of that Order (living on earnings of male prostitution) by living wholly or in part on the earnings of prostitution of a child,

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 This is the text as originally made; later amendments are not shown here.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 paragraph 3(g) of SCHEDULE?

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.

Doing what the provision prohibits, or failing to do what it requires under the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003.

Penalty

Mode of trial: Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine: Not determined
Maximum prison (summary): Not determined

The instrument does not state a penalty itself. It sets one by reference to Article 8 of that Order.

penalty is that of the referenced enactment; not stated in this instrument.

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.

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.
Fraud, bribery and money laundering offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 October 2014
Covers fraud, false accounting, bribery and money laundering, including offences committed by organisations.
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: Status not determined
Made: 27 February 2003
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 Order makes provision for the protection of children and vulnerable adults.

Read the full note and every offence in this instrument

What Parliament said

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

Protection Of Children And Vulnerable Adults (Northern Ireland) Order 2003 Lords · 12 February 2003
Commons Amendments Lords · 13 November 2003
In paragraph 1 of Schedule 1 to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, after sub-paragraph (n) insert— "(o) any offence under any of sections 17 to 23 and 49 to 52 of the Sexual Offences Act 2003."
Children: Protection Lords · 2 March 2004 · Lord Rogan
My Lords, I am also most grateful to the noble Baroness, Lady Walmsley, for bringing this important debate to the Floor of the House. Stopping unsuitable people from working with children is an important matter, especially from a Northern Ireland perspective. The noble Lord, Lord Harrison, alluded to the fact that we are the only part of the United Kingdom with a land boundary with another EU state. With the very…
Safeguarding Vulnerable Groups Bill [HL] Lords · 28 March 2006 · Baroness Walmsley
My Lords, I, too, very much welcome the Bill, and I believe that the framework that it proposes will make children and vulnerable adults safer than they were before. If I express any concerns or propose any changes, they will be ones that will improve the Bill without interfering with the powers of the Independent Barring Board to set up and maintain an effective system to protect children; indeed, they will…

Other offences in the same instrument

For the purposes of this Chapter, an individual commits an offence against a child if— a he commits any…article 22(1)
An individual who is disqualified from working with children is guilty of an offence if he knowingly applies…article 30(1)
An individual is guilty of an offence if he knowingly— a offers work in a regulated position to, or procures…article 30(2)
Effect of inclusion in listarticle 46(5)
Effect of inclusion in listarticle 46(6)
Social Care Tribunalsarticle 50(6)
A person falls within this paragraph if— a he commits an offence under section 16 of the Offences against…paragraph 3 of SCHEDULE
a he commits an offence under section 16 of the Offences against the Person Act 1861 (c. 100) (threats to…paragraph 3(a) of SCHEDULE
b he commits an offence under section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by a man) by…paragraph 3(b) of SCHEDULE
c she commits an offence under section 2 of that Act (incest by a woman) by allowing a child to have sexual…paragraph 3(c) of SCHEDULE
d he commits an offence under section 9(1)(a) of the Theft (Northern Ireland) Act 1969 (c. 16) (burglary),…paragraph 3(d) of SCHEDULE
e he commits an offence under section 4(3) of the Misuse of Drugs Act 1971 (c. 38) by— i supplying or…paragraph 3(e) of SCHEDULE

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 “commits an offence”; c10_offence_under_parent_act
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 Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 Every offence this instrument creates, and its explanatory note
Corporate, financial services, company law, employment, charity, electoral and taxOther offences on the same subject
Offences created in 2003