UK Offence Report

False statements in connection with identity documents

article 30(1) of The Channel Tunnel (Security) 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

1 Subject to paragraph (4) below,

a person commits an offence if—

a for the purpose of, or in connection with, an application made by him or another for the issue of an identity document to which this paragraph applies, or

b in connection with the continued holding by him or another of any such document which has already been issued, he makes to any of the persons specified in paragraph (3) below, to any employee or agent of such

a person or to

a constable,

a statement which he knows to be false in

a material particular, or recklessly makes to any of those persons, to any such employee or agent or to

a constable,

a statement which is false in

a material particular.

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
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 (recklessly).

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: recklessly.

What would breach article 30(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. Entering a figure on a form or return that is known to be wrong under the Channel Tunnel (Security) Order 1994.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Indictable only — tried in the Crown 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
4 March 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 provides for the security of the Channel Tunnel (“the tunnel system” which has the meaning given in section 1(7) of the Channel Tunnel Act 1987 subject to article 2(1)) and of Channel Tunnel trains (as defined in article 2(1)). Part II createscertain offences against the safety of the system and the trains and Part III provides for the protection of Channel Tunnel trains and the tunnel system against acts of violence (as defined in article 10(2)). The Order applies outside the United Kingdom only to the limited extent specified in article 3, that is where article 30 or 38 of the Protocol between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic concerning Frontier Controls and Policing, Cooperation in Criminal Justice, Public Safety and Mutual Assistance Relating to the Channel Fixed Link (Cm 1802) confer jurisdiction on United Kingdom courts. The Order extends to Northern Ireland. Under article 4 it is an indictable offence subject to life imprisonment to hijack a Channel Tunnel train. Under article 5 it is an indictable offence subject to life imprisonment to seize the tunnel system or exercise control of it. Under article 6 it is an indictable offence subject to life imprisonment, unlawfully (as defined in article 2(1)) and intentionally to destroy a Channel Tunnel train or the tunnel system or to destroy any goods on the train or within the system or to damage them so as to endanger, or be likely to endanger, their safety, or to commit on board a Channel Tunnel train or within the tunnel system an act of violence (as defined in paragraph (5)) which is likely to endanger their safety. Article 7 creates offences subject to life imprisonment in respect of other acts endangering or likely to endanger the safe operation of Channel Tunnel trains or the tunnel system. Under article 8 it is an indictable offence subject to life imprisonment to make threats of acts which would be offences under article 6(1) or 7(1). Article 11 confers powers on the Secretary of State to require information in connection with the exercise of his functions under Part III. Under paragraph (6) it is an offence without reasonable excuse to fail to comply with such a requirement or in furnishing information to make false statements in certain circumstances. The offence is subject on summary conviction to a fine up to the statutory maximum and on conviction on indictment to a fine or to imprisonment for a term of up to two years or to both. Article 12 enables restricted zones (as defined in article 2(1)) to be designated in the tunnel system or outside. Under article 31(3) it is an offence subject on summary conviction to fine of up to level 5 on the standard scale for a person, without lawful authority or reasonable excuse, to go into or onto any part of a restricted zone without the permission of the person in control of it or to remain in any part of the zone after being requested to leave by that person or by a person acting on his behalf or by a constable. The person in control of the restricted zone or a constable may, using reasonable force, remove the person if he remains after being requested to leave. Article 13 enables the Secretary of State to give directions in writing to the Concessionaires or to the owners, operators or train managers of Channel Tunnel trains, or a person about to become such a person, imposing restrictions in respect of such trains or requiring modifications or alterations of the train, or of apparatus or equipment installed in or carried on, the train. Under paragraph (8) it is an offence, without reasonable excuse, to fail to comply with a direction under this article subject— a on summary conviction, to a fine up to the statutory maximum, and b on conviction on indictment, to a fine or to imprisonment for a term of up to two years or to both. Under paragraph (9) where a person is convicted of an offence under paragraph (8) a continuing failure, without reasonable excuse, to comply is a further offence for which he is liable on summary conviction to a fine of up to one tenth of level 5 on the standard scale for each day on which the failure continues. Under article 14 the Concessionaires may be required by the Secretary of State to carry out searches of the tunnel system, of Channel Tunnel trains in the system and persons or property in the system. Where a direction requiring such searches to be carried out is in force, persons of a description specified in the direction or constables, where they have reasonable cause to suspect the presence of certain articles (defined in article 2(1)) such as firearms or explosives (defined in article 2(1)) may enter buildings or works or land (but in the case of premises used only as a private dwelling house only certain constables may enter and only with a warrant granted by a justice of the peace), go on board Channel Tunnel trains and inspect them, stop such trains or any vehicle, goods, property or person and detain them, to effect the search. Under paragraph (8) it is an offence subject— a on summary conviction, to a fine up to the statutory maximum, or b on conviction on indictment, to a fine or to imprisonment for a term of up to two years or to both, to fail, without reasonble excuse, to comply with a direction or any requirement in it or intentionally to obstruct a person carrying out a search. There is corresponding provision in article 15 for searches by persons carrying on operations within the tunnel system, by persons permitted to have access to restricted zones for the purposes of their business, by owners, operators or train managers of Channel Tunnel trains or the owners, operators of managers of property used in connection with any Channel Tunnel train or the tunnel system whether the property is within the tunnel system or elsewhere. Article 16 enables the Secretary of State to give directions for the purposes specified in article 10 to the owners, operators or train managers of Channel Tunnel trains, the Concessionaires, persons carrying on operations within the tunnel system, persons permitted to have access to restricted zones for the purposes of their business and owners, operators or managers of property used in connection with Channel Tunnel trains or the tunnel system, or to persons about to become such persons, including a requirement to guard the trains, the tunnel system, land, buildings, or works or property against acts of violence. Under paragraph (7) a failure, without reasonable excuse, to comply with a direction given under this article, or intentional interference with any building constructed or works executed on land in compliance with a direction or anything installed on, under, over or across any land in compliance with such a direction, is an offence subject— a on summary conviction, to a fine up to the statutory maximum, or b on conviction on indictment, to a fine or to imprisonment for up to two years or to both. Under paragraph (9) where a person is convicted of an offence under paragraph 7(a) a continuing failure to comply is a further offence for which he is liable to a fine of up to one tenth of level 5 on the standard scale for each day on which the failure continues. Article 17 specifies matters which may be included in directions under articles 13 to 16, article 18 contains limitations on the scope of such directions, article 19 provides for general or urgent directions and article 20 provides for objections to certain directions under article 16. Articles 21 to 25 provide for the enforcement of a general requirement (as defined in article 21(2)) of a direction by means of an enforcement notice served on the person who has failed to comply. Under article 23 a person who, without reasonable excuse, fails to comply with an enforcement notice is guilty of an offence subject— a on summary conviction, to a fine up to the statutory maximum, b on conviction on indictment, to a fine. Where a person is convicted of such an offence, a continuing failure, without reasonable excuse, to comply is a further offence for which he is liable on summary conviction to a fine of up to one tenth of level 5 on the standard scale for each day on which the failure continues. A person who intentionally interferes with any building constructed or other works executed on land or with anything installed on, under, over or across any land, in compliance with an enforcement notice is liable— a on summary conviction, to a fine up to the statutory maximum; b on conviction on indictment, to a fine. Article 27 provides for the detention of Channel Tunnel trains in the event of failure by the owners, operators or train managers to comply with directions under articles 13 to 16 or enforcement notices relating to such directions. Article 28 provides for the inspection in certain circumstances by persons authorised in writing by the Secretary of State of Channel Tunnnel trains, the tunnel system or any land, building or works outside the tunnel system. The powers conferred on the authorised person for the purposes of the inspection include a power to require information, to go on board a Channel Tunnel train and ensure it is not moved, to enter any building or works or upon any land in or outside the tunnel system for those purposes except premises used only as a private dwelling. A person who, without reasonable excuse, fails to comply with the requirement to furnish information or in furnishing information makes a statement which he knows to be false, is guilty of an offence subject— a on summary conviction, to a fine up to the statutory maximum; b on conviction on indictment, to a fine or to imprisonment for up to two years or to both. Article 29 deals with false statements relating to goods intended for carriage by a Channel Tunnel train made to certain persons. A person who makes such a statement in relation to any goods intended for carriage by a Channel Tunnel train which he knows to be false or recklessly makes such a statement which is false is guilty of an offence and liable on summary conviction to a fine of up to level 5 on the standard scale. Article 30 creates an offence subject to the same penalty on summary conviction in the case of a false statement made knowingly or recklessly to certain persons for the purpose of, or in connection with, an application for the issue of, or the continued holding of, an identity document which is to be or has been issued by certain persons in accordance with arrangements required to be maintained by a direction under article 16. Article 32 creates an offence of intentionally obstructing a person authorised in writing by the Secretary of State for the purposes of Part III of the Order when acting in exercise of his powers subject— a on summary conviction, to a fine of up to the statutory maximum; b on conviction on indictment, to a fine or to imprisonment for a term of up to two years or to both. It also creates an offence of falsely pretending to be such a person subject on summary conviction to a fine of up to level 5 on the standard scale. Article 33 enables the Secretary of State to maintain a list of Channel Tunnel freight forwarders (defined in article 2(1)) approved by him for purposes related to the security of Channel Tunnel trains or the tunnel system or of any property used in connection with the operation of any Channel Tunnel train or the tunnel system. Schedule 1 lays down the procedure for inclusion on, or removal from, the list. Paragraph (2) applies to Channel Tunnel freight forwarders included on the list any provision of the Order applicable to persons permitted to have access to a restricted zone. Under paragraph (3) goods received from any Channel Tunnel freight forwarder included on the list may be exempted from any direction to an owner, operator or train manager of a Channel Tunnel train under articles 13 to 16 which requires the carrying out of searches of goods or the taking of any other measures relating to goods. Article 34 and Schedule 2 provides for compensation in respect of certain measures under Part III. The Secretary of State is to lay an annual report before each House of Parliament as to notices and directions under Part III (article 35). Article 36 covers the service of documents. Article 37 deals with offences by bodies corporate. Article 38 and Schedule 3 deal with minor and consequential amendments.

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 0.92.

Basis
the provision says a person “commits an offence”
Confidence
0.92 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