Search etc. for material relevant to overseas investigation.

paragraph 8(1) of SCHEDULE 1 of The Criminal Justice (International Co-operation) (Anguilla) Order 1994

Status not determined
Requires proof of a state of mind
Summary only
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

1 If, on an application made by
a Magistrate, it appears to
a constable—
a that there are reasonable grounds for believing that an offence under the law of
a country or territory outside Anguilla has been committed; and
b that the conduct constituting that offence would constitute an offence punishable by imprisonment if it had occurred in Anguilla, the Magistrate shall have the like power to grant warrant authorising entry, search and seizure by any constable as he would have at common law in respect of any offence punishable at common law in 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 This is the text as originally made; later amendments are not shown here.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: 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 (believing 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: believing that.

What would breach paragraph 8(1) of SCHEDULE 1?

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 Criminal Justice (International Co-operation) (Anguilla) Order 1994.

Penalty

Mode of trial: Summary only — tried in a magistrates’ court
Maximum fine: Not determined
Maximum prison (summary): Not determined

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: 22 June 1994
In force from: 14 July 1994
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 Order extends to Anguilla, with adaptations and modifications, certain provisions of the Criminal Justice (International Co-operation) Act 1990.

Read the full note and every offence in this instrument

Other offences in the same instrument

SCHEDULE 2SCHEDULE 2
Offences 9 1 A person is guilty of an offence if he— a intentionally obstructs an enforcement officer in the…SCHEDULES TO THE CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) ACT 1990 AS EXTENDED TO ANGUILLA
Manufacture and supply of scheduled substancesparagraph 12(1) of SCHEDULE 1
Regulations about scheduled substancesparagraph 13(5) of SCHEDULE 1
Concealing or transferring proceeds of drug traffickingparagraph 14(1) of SCHEDULE 1
Concealing or transferring proceeds of drug traffickingparagraph 14(2) of SCHEDULE 1
Anguilla evidence for use overseasparagraph 4(3) of SCHEDULE 1
Anguilla evidence for use overseasparagraph 4(3)(b) of SCHEDULE 1
Search etc. for material relevant to overseas investigationparagraph 8(1)(b) of SCHEDULE 1

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 is “punishable”; 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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Criminal Justice (International Co-operation) (Anguilla) Order 1994 Every offence this instrument creates, and its explanatory note
MiscellaneousOther offences on the same subject
Offences created in 1994