UK Offence Report

A person falls within this paragraph if— a he commits an offence under section 16 of the Offences against…

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

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

3 A person falls within this paragraph if— a he commits an offence under section 16 of the Offences against the Person Act 1861 (c. 100) (threats to kill) by making a threat to kill a child, b he commits an offence under section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by a man) by having sexual intercourse with a child, c she commits an offence under section 2 of that Act (incest by a woman) by allowing a child to have sexual intercourse with her, d he commits an offence under section 9(1)(a) of the Theft (Northern Ireland) Act 1969 (c. 16) (burglary), by entering a building or part of a building with intent to rape a child, e he commits an offence under section 4(3) of the Misuse of Drugs Act 1971 (c. 38) by— i supplying or offering to supply a Class A drug to a child, ii being concerned in the supplying of such a drug to a child, or iii being concerned in the making to a child of an offer to supply such a drug, f he commits an offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982 (NI 19) (procuring others to commit homosexual acts) by— i procuring a child to commit an act of buggery with any person, or ii procuring any person to commit an act of buggery with a child, 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, h he commits an offence under Article 122 or 123 of the Mental Health (Northern Ireland) Order 1986 (NI 4) (protection of patients) in relation to a child, i he commits an offence of— i aiding, abetting, counselling, procuring or inciting the commission of an offence against a child, or ii conspiring or attempting to commit such 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 This is the text as originally made; later amendments are not shown here.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
selling or supplying something the instrument restricts
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 (with intent to).

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: with intent to.

What would breach paragraph 3 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.

  1. Selling the goods under the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 where the instrument prohibits the sale outright.
  2. Supplying without carrying out a check the instrument requires first, even where the sale would otherwise be lawful.
  3. Offering for sale counts as well as selling: displaying stock is enough where the provision reaches an offer.

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 section 16 of the Offences against the Person Act 1861.

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.

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 note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

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.

Other offences in the same instrument

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 0.64.

Basis
the provision says a person “commits an offence”; c10_offence_under_parent_act
Confidence
0.64 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