UK Offence Report

SCHEDULE 2

SCHEDULE 2 of The Channel Tunnel (Miscellaneous Provisions) Order 1994

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

PART III Co-operation in Criminal Justice Article 11

1 Without prejudice to the provisions of Articles

4 and 14(2) of the Protocol attached as an annex to this Agreement, when an offence is committed on the territory of one of the three States that State shall have jurisdiction.

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 This is the text as originally made; later amendments are not shown here.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 SCHEDULE 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 Channel Tunnel (Miscellaneous Provisions) Order 1994.

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
Status not determined
Made
24 May 1994
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 gives qualified effect in United Kingdom law, from the date of entry into force of the Agreement, to material provisions (the “tripartite articles” set out in Schedule 2) of the Agreement on rail traffic between Belgium and the United Kingdom mentioned in article 1(1), and its attached Protocol. The Order also makes a number of amendments to the Channel Tunnel (International Arrangements) Order 1993 and other instruments. Some of these are directly related to the tripartite articles, and have effect only from the date of entry into force of the Agreement (see article 1(1)). To cater for the possibility that the start of Channel Tunnel rail traffic, between the United Kingdom and France or Belgium or both, might be earlier than that date, the amendments mentioned in article 1(3) (which are not exclusively related to the Agreement) are by virtue of article 1(2) given effect from 1st July 1994. The tripartite articles are by article 3(1) given the force of law within, and for the purposes specified in article 2(2) outside, the control zones accorded to Belgium (“the Belgian control zone”) and to France by the tripartite articles; article 3(2) affirms that Belgian, and French, officers may to the extent specified in the tripartite articles go about their business (essentially, the operation of their national frontier controls as defined in the tripartite articles) in the United Kingdom, and article 3(3) ensures that Belgian officers can be provided with the required facilities. Article 4(1), by extending relevant enactments to the control zones accorded to the United Kingdom in Belgium and France (the “United Kingdom control zones”), performs the corresponding operation for British officers working there. Article 4(2) and (3) alters the application of the Data Protection Act 1984 so that related computer operations carried out by British officers in the United Kingdom control zone in Belgium are, but Belgian computer operations in the Belgian control zone are not, subject to that Act. Article 5(1) to (3) extends English criminal jurisdiction to conduct in a United Kingdom control zone which, if taking place in England, would constitute an offence under a frontier control enactment as defined in Schedule 1. Article 5(4) creates a presumption as to jurisdiction where it is uncertain in which of the three States an offence not of that kind was committed. Article 6 gives effect to Schedule 3; article 7 modifies the enactments specified in their application to Belgium and France and in their application to the United Kingdom for the article 2(2) purposes; and article 8 gives effect to Schedule 4. The definitions in Schedule 1 are of expressions of which some occur both in the body of the Order and in enactments as modified by the Order, some only in the latter (see article2(1)). The tripartite articles referred to above are set out in Schedule 2. Part I of Schedule 3 to the Channel Tunnel (International Arrangements) Order 1993 (“the 1993 Order”) contains provision as to the powers of police and other officers, including the extension of powers of arrest and detention, and provision for co-operation with French authorities in criminal justice matters. Schedule 3 to this Order incorporates that Part with specified variations adapting it to the tripartite articles. Schedule 4 contains amendments to a number of instruments, including the 1993 Order. The amendments in paragraphs 1 to 5, 7 and 8(a), and those made by paragraph 11 to paragraphs 1(11)(d) and 3(b) of Schedule 4 to the 1993 Order, and those in paragraph 13, are directly related to new provision made by this Order in connection with rail traffic between the United Kingdom and Belgium. The amendments in paragraphs 6 and 8(b) combine corrections with new provision; those in paragraphs 9 and 10 remedy deficiencies in the 1993 Order; the remaining amendments in paragraph 11 and those in paragraph 12(1) to (3) provide for the designation of international stations at which static immigration and other controls may be exercised; and those in paragraph 12(4) are corrections.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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 0.55.

Basis
c06_offence_committed
Confidence
0.55 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