UK Offence Report

Penalty for sitting or voting in Assembly when un-qualified

paragraph 42(1) of Schedule THE SCHEDULE TO THE ORDER of The Anguilla Constitution Order 1982

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 Any person who sits or votes in the Assembly knowing or having reasonable grounds for knowing that he is not entitled to do so shall be liable to

a penalty not exceeding EC$100.00 for each day upon which he sits or votes.

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 This is the text as originally made; later amendments are not shown here.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
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowing that).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: knowing that.

What would breach paragraph 42(1) 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.

  1. On these words an offence is committed where a person sits or votes in the Assembly knowing or having reasonable grounds for knowing that he is not entitled to do so.
  2. 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.

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 note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

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

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 0.68.

Basis
the provision states a penalty in older drafting
Confidence
0.68 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