Obtaining of information

article 10(6) of The Terrorism (United Nations Measures) (Channel Islands) Order 2001

• Status not determined
• Requires proof of a state of mind
• Either way
• Public order, protest, anti-social behaviour and street offences

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

6 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 article by any person who is empowered to make it; or

b furnishes any information or produces any document which to his knowledge is false in

a material particular or recklessly furnishes any document or information which is false in

a material particular to such

a person in response to such

a request; or

c otherwise wilfully obstructs any person in the exercise of his powers under this article; or

d with intent to evade the provisions of this article, 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 This is the text as originally made; later amendments are not shown here.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

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

The defence, as drafted

6 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 article by any person who is empowered to make it; or b furnishes any information or produce

What would breach article 10(6)?

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 Terrorism (United Nations Measures) (Channel Islands) Order 2001.
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

Either way — magistrates’ court or Crown Court

Maximum fine

Not determined

Standard scale

Level 5

Maximum prison (summary)

6 months

Maximum prison (on indictment)

2 years

the level is stated but no money value is given: this instrument extends outside the United Kingdom, where the standard scale set by s.122(1) of the Sentencing Act 2020 does not run.

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.

• Breach offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 October 2018

  Covers breach of a court order rather than breach of a regulation, but is reached whenever an instrument's requirement is enforced through an order the court has already made.

• Imposition of community and custodial sentences: definitive guideline All courts in England and Wales

  When a community order or custody is justified at all, and the presumption against short custodial sentences.

• Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017

  The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.

• General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019

  The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.

• Totality: definitive guideline All courts in England and Wales

  How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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 October 2001

In force from

10 October 2001

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, made under the United Nations Act 1946, imposes in the Channel Islands measures against terrorism pursuant to a decision of the Security Council of the United Nations in its Resolution 1373 of 28th September 2001. It prohibits fundraising for, and restricts the making available of funds to or the provision of financial services to terrorists. It also provides powers to freeze accounts of suspected terrorists.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Terrorist Asset-Freezing (Temporary Provisions) Bill Commons · 8 February 2010 · Sarah McCarthy-Fry

  It is important that we maintain our terrorist asset-freezing regime not just in the UK, but for the Crown dependencies and overseas territories. Although the Orders in Council that apply to the Crown dependencies and overseas territories were not directly before the Supreme Court, they were also made under section 1 of the United Nations Act 1946 and are therefore vulnerable to being quashed. Amendment 8 therefore…

• Terrorist Asset-Freezing (Temporary Provisions) Bill Commons · 8 February 2010 · Sarah McCarthy-Fry

  I beg to move Government amendment 8, page 1, line 5, at end insert— ‘(aa) the Terrorism (United Nations Measures) (Channel Islands) Order 2001 (S.I. 2001/3363), the Terrorism (United Nations Measures) (Isle of Man) Order 2001 (S.I. 2001/3364) and the Terrorism (United Nations Measures) (Overseas Territories) Order 2001 (S.I. 2001/3366);’

• Terrorist Asset-Freezing (Temporary Provisions) Bill Commons · 8 February 2010

  (a) so far as relating to the Terrorism (United Nations Measures) (Channel Islands) Order 2001 (S.I. 2001/3363), to the Channel Islands, so as to be law respectively in Guernsey and Jersey;

Other offences in the same instrument

• Disclosure of informationarticle 11(2)
• Collection of Fundsarticle 4(1)
• Collection of Fundsarticle 4(2)
• Collection of Fundsarticle 4(3)
• Making funds availablearticle 5
• Freezing of funds on suspicionarticle 6(7)
• Freezing of funds on suspicionarticle 6(8)
• Facilitation of activities prohibited under articles 4, 5 and 6(7)article 7
• Any person who has done any act under the authority of a licence granted by the licensing authority and who…article 8
• Any person who, for the purposes of obtaining a licence under article 5 or 6, knowingly or recklessly makes…article 8(1)
• Any person who has done any act under the authority of a licence granted by the licensing authority and who…article 8(2)
• A relevant institution is guilty of an offence under this Order if— a it knows or suspects that a person who…article 9(1)

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

• This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
• The Terrorism (United Nations Measures) (Channel Islands) Order 2001 Every offence this instrument creates, and its explanatory note
• Public order, protest, anti-social behaviour and street offencesOther offences on the same subject
• Offences created in 2001