UK Offence Report

Amendment of section 19 of Constitution.

article 8(2) of The Cayman Islands (Constitution) (Amendment) Order 1993

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

2 Section 19(2) of the Constitution shall be amended by replacing the full stop at the end of the subsection by

a semicolon and the word “and” and by adding the following paragraph:

c no account shall be taken of

a sentence of imprisonment imposed by

a court outside the Islands other than

a sentence on conviction for an offence constituted by conduct which, if it occurred within the Islands, would constitute an offence punishable under the law of the Islands by imprisonment of

12 months, or any greater punishment. .

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 This is the text as originally made; later amendments are not shown here.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 8(2)?

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 Cayman Islands (Constitution) (Amendment) Order 1993.

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
16 December 1993
In force from
Not determined
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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order makes various amendments to the Constitution of the Cayman Islands. The principal changes are: As regards the Executive, provision is made for increasing the number of members elected to the Executive Council by the Legislative Assembly from four to five; such members will be styled “Ministers”. New provision is made for the Attorney–General and Auditor–General designed to protect their tenure of office and the independence of the Attorney–General in respect of the conduct of prosecutions. More specific provision is made for the offices of Speaker and Deputy Speaker and new provision is made for disqualifying members of the Assembly in the event of their being convicted of offences punishable by at least one year’s imprisonment by any court (not only as hitherto a Commonwealth court) and for a period of five years after such a sentence has been served. Provision is also made for a Commissioner for Complaints, for a Register of Interests and for referenda; and the Superior Court of first instance (the Grand Court) is now established by the Constitution rather than by a law of the Islands.

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 0.75.

Basis
the provision says the conduct “constitutes an offence”
Confidence
0.75 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