UK Offence Report

If any person, in giving any testimony (either orally or in writing) otherwise than on oath, where required…

paragraph 8 of SCHEDULE 1 of The Evidence (Proceedings in Other Jurisdictions) (Isle of Man) Order 1979

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

If any person, in giving any testimony (either orally or in writing) otherwise than on oath, where required to do so by an order under section

2 of the Evidence (Proceedings in Other Jurisdictions) Act 1975 (an Act of Parliament extended to the Isle of Man by the Evidence (Proceedings in Other Jurisdictions) (Isle of Man) Order 1979), makes

a statement—

a which he knows to be false in

a material particular, or

b which is false in

a material particular and which he does not believe to be true, he shall be guilty of an offence and shall be liable on conviction on information to imprisonment for

a term not exceeding two years or

a fine or both.’. . .

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
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 8 of SCHEDULE 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. Entering a figure on a form or return that is known to be wrong under the Evidence (Proceedings in Other Jurisdictions) (Isle of Man) Order 1979.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

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

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
19 December 1979
In force from
1 February 1980
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.

This Order extends to the Isle of Man certain provisions of the Evidence (Proceedings in Other Jurisdictions) Act 1975, subject to the modifications made by this Order. The 1975 Act, as so extended, makes fresh provision to enable the High Court of Justice of the Isle of Man to assist in obtaining evidence required for the purposes of proceedings in other jurisdictions. The Order also extends the Evidence (European Court) Order 1976 to the Isle of Man. By that Order, as so extended, evidence for proceedings before the European Court of Justice may be taken at the request of that Court by the High Court of Justice of the Isle of Man.

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”; the provision states liability on summary conviction
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