UK Offence Report

Amendment of the Act of Adjournal (Criminal Procedure Rules) 1996

article 2(4)(a)(ii) of Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2007

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

That [A.B.] was convicted of (specify), which is an offence to which section 288C of the Criminal Procedure (Scotland) Act 1995 applies [or and an order has been made under section 288F(2) of the Criminal Procedure (Scotland) Act 1995] ;

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 This is the text as originally made; later amendments are not shown here.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 2(4)(a)(ii)?

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 Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2007.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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
1 November 2007
In force from
1 December 2007
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 Act of Adjournal) — the explanatory note published with the instrument, © Crown copyright.

This Act of Adjournal makes miscellaneous amendments to the Criminal Procedure Rules 1996 (S.I. 1996/513) (“the Rules”). Paragraph 2(2) inserts a new rule 15.17 requiring parties to lodge copies of any part of a transcript of proceedings upon which they are relying in any appeal under section 106 or 108 of the Criminal Procedure (Scotland) Act 1995 and to intimate copies to the other parties. Copies should be lodged 7 days before any procedural hearing and 21 days before the date of the hearing at which the party intends to rely upon the transcript. Paragraph 2(3) inserts a new Chapter prescribing procedure for applications in the investigation of Revenue and Customs offences. The applications are for production orders or to vary or discharge such orders, for Revenue and Customs warrants, or for an order in relation to the failure of officers to provide a record of, access to, or copies of documents or things removed under a production order or Revenue and Customs warrant within a reasonable time. These amendments are in consequence of new sections inserted into the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) by the Finance Act 2007 (c. 11). There are also new forms of petition and minutes for the various applications under the new Chapter inserted into the appendix: see paragraph 2(4)(b). Paragraph 2(4)(a) amends the vulnerable witness application form (Form 22.1A) to allow it to apply in circumstances where the adult vulnerable witness is to give evidence at or for the purposes of proceedings under section 210C of the Criminal Procedure (Scotland) Act 1995 on an objection to a risk assessment report.

Read the full note and every offence in this instrument

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 0.62.

Basis
the provision says an offence is committed “if” something happens
Confidence
0.62 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