Protection of right to personal liberty
paragraph 5(3) of Schedule THE SCHEDULE TO THE ORDER of The Kiribati Independence Order 1979
- Status not determined
- Strict liability
- Miscellaneous
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 Any person who is arrested or detained—
a for the purpose of bringing him before
a court in execution of the order of
a court; or
b upon reasonable suspicion of his having committed, or being about to commit,
a criminal offence under the law in force in Kiribati, and who is not released, shall be brought without undue delay before
a court; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit
a criminal offence is not tried within
a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at
a later date for trial or for proceedings preliminary to trial.
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 This is the text as originally made; later amendments are not shown here.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 paragraph 5(3) of Schedule THE SCHEDULE TO THE ORDER?
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.
- Doing what the provision prohibits, or failing to do what it requires under the Kiribati Independence Order 1979.
Penalty
- Mode of trial
- Not determined
- Maximum fine
- Not determined
- Maximum prison (summary)
- Not determined
no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.
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.
-
Reduction in sentence for a guilty plea: definitive guideline
All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
-
General guideline: overarching principles
All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
-
Totality: definitive guideline
All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.
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
- 26 June 1979
- In force from
- 12 July 1979
- 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 provides for the Constitution of the Gilbert Islands as an independent Republic under the name Kiribati, with effect from 12th July 1979. The Constitution provides for an elected legislature, an elected president and a Cabinet responsible to the legislature, and an independent judiciary and public service. It also makes provision for the protection of the fundamental rights and freedoms of the individual, for citizenship, for finance, and contains a Chapter dealing with Banaba and the Banabans.
Read the full note and every offence in this instrument
Other offences in the same instrument
- Penalty for sitting or voting whilst unqualifiedparagraph 61(1) of Schedule THE SCHEDULE TO THE ORDER
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 “commits 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
- This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
- The Kiribati Independence Order 1979 Every offence this instrument creates, and its explanatory note
- MiscellaneousOther offences on the same subject
- Offences created in 1979