UK Offence Report

Offences and penalties

regulation 8(1) of The Charitable Institutions (Fund-Raising) Regulations 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

1 Failure to comply with any of the provisions of these Regulations specified in paragraph (2) below shall be an offence punishable on summary conviction by

a fine not exceeding the second level on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
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 regulation 8(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.

  1. Not doing what the provision requires under the Charitable Institutions (Fund-Raising) Regulations 1994, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

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.

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
28 November 1994
In force from
1 March 1995
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations, which extend to England and Wales only, are made in pursuance of sections 59 and 64 of the Charities Act 1992 (“the 1992 Act”) for purposes connected with certain other provisions of Part II of that Act (control of fund-raising for charitable institutions). Regulations 2 and 3 prescribe the form and content of agreements made for the purposes of section 59 of the 1992 Act by, respectively, professional fund-raisers and commercial participators. Regulation 4 prescribes the content of notices served under section 62(3) of the 1992 Act (unauthorised fund-raising). Regulations 5 and 6 provide, respectively, for the making available of books, documents and other records, and the transmission of money and other property, to charitable institutions. Regulation 7 exercises the power in section 64(2)(e) of the 1992 Act to make provision regulating the raising of funds for charitable, benevolent or philanthropic purposes otherwise than by professional fund-raisers or commercial participators and regulation 8 exercises the power in section 64(4) to provide that failure to comply with any of the provisions of these Regulations which are specified in paragraph (2) of that regulation shall be a summary offence punishable by a fine not exceeding level 2 on the standard scale.

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens; the provision says the conduct is “punishable”
Confidence
0.88 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