UK Offence Report

Offence of pretending to be a registered European lawyer

regulation 21(1) of The European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 (revoked)

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

1 A person who without being

a registered European lawyer,

a wilfully pretends to be

a registered European lawyer or takes or uses any name, title, designation or description implying that he is

a registered European lawyer whether in Scotland or elsewhere; or

b subject to paragraph (2), carries on professional activities in Scotland under one of the professional titles listed in regulation 2(4) or under any name, designation or description implying that he is entitled to pursue those activities under one of those professional titles; shall be guilty of an offence and liable on summary conviction to

a fine not exceeding level

4 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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
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 regulation 21(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.

  1. Doing what the provision prohibits, or failing to do what it requires under the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£2,500
Standard scale
Level 4
Maximum prison (summary)
Not determined

in Scotland a reference to a level is construed as referring to the standard scale as it currently stands (CP(S)A 1995 s.225(2)), 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.

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 April 2000
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations, which are made under section 2(2) of the European Communities Act 1972, give effect to European Communities Parliament and Council Directive No. 98/5/EC of 16 February 1998 (OJEC L77, 14.3.98, P36). The purpose of the Directive is to facilitate the practice of the profession of lawyer on a permanent basis in a member State of the European Community other than the State in which the qualification was obtained. Under the conditions specified in or permitted by the Directive, a European lawyer may carry out professional activities otherwise reserved to solicitors or advocates and may apply to become a solicitor or advocate. Part I makes general provision including interpretation, extent and purpose (regulations 2 and 3) and in particular it provides– a that the Regulations shall come into force on 22 May 2000 and that there shall be a transitional period from that date to 22 November 2000 to enable European lawyers practising in Scotland to apply for registration under the Regulations. During that transitional period the offence provision (regulation 21) and the provision in relation to non entitlement to fees (regulation 22) shall not apply (regulation 1); b for the competent authorities for the purposes of registration of European lawyers to be the Law Society of Scotland and the Faculty of Advocates (“the professional bodies”) (regulation 4); c for information to be exchanged in relation to European lawyers registering with one of the professional bodies (regulation 5). Part II makes provision for the practice of professional activities by registered European lawyers (regulation 6). It provides for the title and description which a registered European lawyer may use (regulation 7). Provision is also made in relation to joint practice (regulations 8 to 10) and the areas of work in which a registered European lawyer may practise (regulations 11 to 14). Part III makes provision for registration. In particular it provides– a that the professional bodies shall register a European lawyer who has a certificate confirming registration with the competent authority in the lawyer’s home State and who has completed an application and provided the appropriate fee (regulations 16 and 17); b that inter alia a European lawyer may not be registered with both the Law Society of Scotland and the Faculty of Advocates or barristers' professional bodies and vice versa (regulation 18); c the time limit for considering applications and appeal procedure (regulation 19 and 20); d for the creation of an offence of pretending to be a registered European lawyer (regulation 21); e for non recovery of fees etc where the lawyer is not appropriately registered (regulation 22); and f for the issue of certificates of registration and the publication of the names of registered European lawyers (regulations 23 and 24). Part IV makes provision for regulation and discipline of registered European lawyers. Part V makes provision for entry into the profession of solicitor and advocate. In particular it provides– a that a registered European lawyer may be exempted from the requirements of the European Communities (Recognition of Professional Qualifications) Regulations 1991 (regulations 29 to 35); and b for the effect of entry into the profession of solicitor or advocate (regulation 36). Consequential amendments and modifications are made to the Solicitors (Scotland) Act 1980 and other enactments that make specific provision in relation to solicitors (regulation 37 and schedules 1 and 2).

Read the full note and every offence in this 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 0.92.

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