UK Offence Report

Summoning of witnesses

regulation 23(2)(a) of Protection of Children Act Tribunal Regulations 2000

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

a explain that it is an offence under section 9(5)(c) of the Act to fail, without reasonable excuse, to comply with it; and

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 This is the text as originally made; later amendments are not shown here.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
Strict liability
Burden of proof
An element of the offence, for the prosecution to prove

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.

“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: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

it is an offence under section 9(5)(c) of the Act to fail, without reasonable excuse, to comply with it; and

What would breach regulation 23(2)(a)?

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. Doing what the provision prohibits, or failing to do what it requires under the Protection of Children Act Tribunal Regulations 2000.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 9(5)(c) of the Act.

penalty is that of the referenced enactment; not stated in this instrument.

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 Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002
Made
25 September 2000
In force from
2 October 2000
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 make provision about the proceedings of the Tribunal established by section 9 of the Protection of Children Act 1999 on an appeal or determination under section 4 of that Act or regulations made under section 6 of that Act. They come into force on 2nd October 2000. Part I makes provision in respect of the citation and commencement of the Regulations, and interpretation (regulation 1). Part II makes provision as to the initiation of appeals and applications for leave (regulations 2 and 3); as to the acknowledgement, notification and registration of applications (regulation 4); for a response by the respondent (regulation 5); and for dealing with misconceived applications (regulation 6). Provision is also made (regulations 7 and 8) in relation to the grant or refusal of leave in respect of applications under regulation 3. There is provision for further information to be sent by the parties (regulations 9 and 10) and for the amendment or withdrawal of the application and response (regulations 11 and 12). Part III makes certain provision about case management. Provision is made for the President to issue “costs warnings” and “unless orders” (regulations 13 and 14), for the appointment of a Tribunal to determine an application (regulation 15) and for the fixing of a hearing (regulation 16). Part IV provides for further case-management powers. Provision is made for the giving of directions and for applications to vary or set aside directions; for the parties to request further directions; and for preliminary hearings (regulation 17). Provision is also made for disclosure (regulation 18) and for the appointment of experts to assist the Tribunal (regulation 19). Regulation 20 makes provision in relation to the provision, and content, of witness statements, and the powers of the President and the Tribunal to determine whether the evidence of a witness will be considered or heard. There is provision for the withholding of medical reports from disclosure to the applicant in exceptional circumstances where this would not be unfair (regulation 21), and for restricting, and making special provision for, the giving of live evidence by children (regulation 22). Provision is made for the summoning of witnesses (regulation 23), for making restricted reporting orders (regulation 24) and for excluding the press and public from a hearing in certain circumstances (regulation 25). Part V makes provision about hearings. Provision is made for hearings normally to take place in public, and for certain persons to be admitted in those cases where the press and public are excluded (regulation 26). Regulation 27 makes provision relating to procedure at the hearing. Provision is also made in relation to evidence before the Tribunal (regulation 28). Part VI makes provision relating to the Tribunal’s decision. Regulation 29 makes provision in respect of the making, pronouncement and notification of the decision, and for the giving of reasons. Regulations 29 and 30 provide for review of the decision in certain circumstances. Provision is made in relation to costs (regulation 32) and the publication of decisions (regulation 33). Part VII makes certain supplementary provision. Regulation 34 makes provision in connection with the method of sending documents. Regulation 35 provides for the curing of irregularities. Provision is made for applications on behalf of children and adults who are unable to act for themselves (regulation 36) and in case of the death of the applicant (regulation 37). Provision is also made for the proof and certification of documents and decisions (regulation 38), for the functions of the President and Secretary to be performed by others (regulation 39), for the extension of time-limits (regulation 40) and in respect of qualifications required for membership of the lay panel (regulation 41).

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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