Protection of right to personal liberty

paragraph 3(1)(f) of Schedule THE SCHEDULE TO THE ORDER of The Anguilla Constitution Order 1982

Revoked
Strict liability
Miscellaneous

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

f upon reasonable suspicion of his having committed or of being about to commit
a criminal offence under the law of Anguilla;

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 This is the text as originally made; later amendments are not shown here.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 3(1)(f) 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 Anguilla Constitution Order 1982.

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: Revoked
Revoked by: The Anguilla, Montserrat and Virgin Islands (Supreme Court) Order 1983
Revoked on: 1 September 1983
Made: 10 March 1982
In force from: 1 April 1982
Extent: Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

This Order, which is made under section 1(2) of theAnguilla Act 1980 and sections 6(1) and 17(4) of the West Indies Act 1967, confers a new constitution on Anguilla, supersedes the Anguilla (Constitution) Order 1976, which is revoked, and modifies the West Indies Associated States Supreme Court Order 1967 in its application to Anguilla.

Read the full note and every offence in this instrument

Other offences in the same instrument

Protection of right to personal libertyparagraph 3(1) of Schedule THE SCHEDULE TO THE ORDER
Protection of right to personal libertyparagraph 3(3) of Schedule THE SCHEDULE TO THE ORDER
Protection of right to personal libertyparagraph 3(3)(b) of Schedule THE SCHEDULE TO THE ORDER
Protection of right to personal libertyparagraph 3(5) of Schedule THE SCHEDULE TO THE ORDER
Penalty for sitting or voting in Assembly when un-qualifiedparagraph 42(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 Anguilla Constitution Order 1982 Every offence this instrument creates, and its explanatory note
MiscellaneousOther offences on the same subject
Offences created in 1982