UK Offence Report

Any person who– a without reasonable excuse, refuses or fails within the time and in the manner specified…

paragraph 2 of SCHEDULE of The Federal Republic of Yugoslavia (Freezing of Funds and Prohibition on Investment) Regulations 1999

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 Any person who–

a without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within

a reasonable time) to comply with any request made under this Schedule;

b intentionally furnishes false information or

a false explanation to any person exercising his powers under this Schedule; or

c with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, secretes or removes any document, shall be guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
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, with intent to).

“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, with intent to; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

2 Any person who– a without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under this Schedule; b intentionally furnishes false information or a false explanation to any person e

What would breach paragraph 2 of SCHEDULE?

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 Federal Republic of Yugoslavia (Freezing of Funds and Prohibition on Investment) Regulations 1999.
  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
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
Revoked
Revoked by
The Federal Republic of Yugoslavia (Freezing of Funds) Regulations 2001
Revoked on
5 February 2001
Made
24 June 1999
In force from
25 June 1999
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations provide that breaches of certain provisions of Council Regulation (EC) No. 1294/99 of 15 June 1999 (“the EC Regulation”) are to be criminal offences. The provisions in question are: Article 3, which (except as permitted under Articles 7 and 8) provides for the freezing of funds of the governments of the Federal Republic of Yugoslavia and the Republic of Serbia, and prohibits the making of funds available to or for the benefit of those governments; Article 4, which (except as permitted under Articles 7 and 8) prohibits investment in real estate or entities within the Republic of Serbia or which are owned or controlled by the government of the Federal Republic of Yugoslavia or the Republic of Serbia; Article 5(1), which prohibits the knowing and intentional participation in activities the object or effect of which is to circumvent the provisions of Articles 3 and 4. Regulation 3 of these Regulations makes it an offence to provide false information in connection with a request for an authorisation under Article 8 of the EC Regulation. These Regulations make provision for information to be requested by or on behalf of the Treasury or the Bank of England for the purposes of ensuring compliance with the EC Regulation. Failure to provide such information, the provision of false information or the suppression of information is made a criminal offence. Provision is made with respect to penalties and proceedings for offences under the Regulations. The Federal Republic of Yugoslavia and Serbia (Freezing of Funds) Regulations 1998 and the Republic of Serbia (Prohibition on Investment) Regulations 1998 are revoked. Those Regulations gave effect to previous EC measures imposing sanctions in relation to the Federal Republic of Yugoslavia and Serbia (Council Regulations (EC) Nos 1295/98 and 1607/98) which have been repealed by Article 13 of the EC Regulation.

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 is “guilty of 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