UK Offence Report

For the purposes of the Order any act, wherever committed, which— a is an offence under the Act or an…

article 3 of The Hijacking Act 1971 (Overseas Territories) (Amendment) Order 1973

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 For the purposes of the Order any act, wherever committed, which—

a is an offence under the Act or an attempt to commit such an offence or would be such an offence or attempt but for section 1(2) of the Act; and

b is an offence against the law of any State in the case of which the Order has been directed to apply by notice under Article

3 thereof; shall be deemed to be an offence committed within the jurisdiction of that State.

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 This is the text as originally made; later amendments are not shown here.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 3?

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 Hijacking Act 1971 (Overseas Territories) (Amendment) Order 1973.

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
13 November 1973
In force from
10 December 1973
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.

The Hijacking Act 1971 (Overseas Territories) Order 1971 was inadvertently not laid before Parliament, although Article 4 and Schedule 3 were made under the Foreign Jurisdiction Act 1890, section 11 of which provides for Orders to be laid, and section 3 in Schedule 1 was made under section 17 of the Fugitive Offenders Act 1967 (as extended by section 6(1) of the Hijacking Act 1971), subsection (3) of which provides for Orders to be subject to annulment. The remainder of the Order was made under section 6(2) of the Hijacking Act 1971, Orders under which are subject to no Parliamentary procedure. Accordingly this Order revokes Article 4 of, and section 3 in Schedule 1 to, and Schedule 3 to, the Hijacking Act 1971 (Overseas Territories) Order 1971, and replaces them with identical provisions. The present Order is not retrospective.

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; c11_treated_as_offence
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