UK Offence Report

Supplemental provisions and offences

article C8(4) of The Police Act 1997 (Provisions in relation to the NCIS Service Authority) Order 1998

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

4 If, without reasonable excuse,

a person having the custody of

a document which is required by article C2(1) or C3(1) above to be open to inspection by the public—

a intentionally obstructs any person exercising

a right conferred by this Part to inspect, or to make

a copy of or extracts from, the document, or

b refuses to furnish copies to any person entitled to obtain them under any provisions of this Part, he shall be liable on summary conviction to

a fine not exceeding level

1 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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

4 If, without reasonable excuse, a person having the custody of a document which is required by article C2(1) or C3(1) above to be open to inspection by the public— a intentionally obstructs any person exercising a right conferred by this Part to inspect, or to make a copy of or extracts fr

What would breach article C8(4)?

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. Refusing to let an inspector onto premises they are entitled to enter under the Police Act 1997 (Provisions in relation to the NCIS Service Authority) Order 1998.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£200
Standard scale
Level 1
Maximum prison (summary)
Not determined

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
9 March 1998
In force from
1 April 1998
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 provision in relation to the NCIS Service Authority about some of the matters of the kind dealt with in the local government enactments listed in Schedule 4 to the Police Act 1997. The effect of the Order is to put the NCIS Service Authority in an analogous position to police authorities established under section 3 of the Police Act 1996 under those provisions. In particular, article B1 and Schedule 1 make provision equivalent to section 99 and Schedule 12 of the Local Government Act 1972 (“the 1972 Act”); article B2 makes provision equivalent to provisions in standing orders made under section 20 of the Local Government and Housing Act 1989 (“the 1989 Act”); article B3 makes provision equivalent to that made in section 41 of the Local Government (Miscellaneous Provisions) Act 1976 (“the 1976 Act)”; Part C and Schedule 2 make provision equivalent to sections 100A to 100J and Schedule 12A of the 1972 Act; Part D makes provision equivalent to Part IV of the 1972 Act; Part E makes provision equivalent to sections 94 to 98 and section 105 of the 1972 Act and section 19 of the 1989 Act; Part F makes provision equivalent to Part VIII of the Local Government Finance Act 1988; Part H applies Part III of the Local Government Act 1982 to the Authority; Part I makes provision in relation to land, including provision similar to Part X of the Local Government, Planning and Land Act 1980; Part J Makes provision equivalent to sections 2, 4, 5 and 6 of the Local Government Act 1986, sections 1 to 5, 7, 8, 10 and 11 of the 1989 Act, section 30 of the 1976 Act and sections 114 to 119 of the 1972 Act; Part K makes provision similar to that in sections 111, 113, 135, 140, 143, 223, 228, 229 and 231 to 234 of the 1972 Act, section 41 of the Local Government (Miscellaneous Powers) Act 1982, section 155 of the 1989 Act and section 38 of the 1976 Act and Part L applies Part III Of the Local Government Act 1974 to the Authority.

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 0.72.

Basis
the provision states liability on summary conviction; the provision states a penalty in older drafting
Confidence
0.72 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