Collection of funds

article 4(3) of The Terrorism (United Nations Measures) (Isle of Man) Order 2001

• Status not determined
• Objective fault
• Summary only
• Corporate, financial services, company law, employment, charity, electoral and tax

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

3 Any person who provides funds, and knows or has reasonable cause to suspect that they will or may be used for the purposes of terrorism, 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 This is the text as originally made; later amendments are not shown here.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

dealing with funds or making them available in breach of sanctions

Fault element

Objective fault

Burden of proof

No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened and that it fell below the standard the provision sets. That is an objective test - what a reasonable person in the same position would have done, not what this defendant actually thought.

What a person personally believed or intended is not the question; the standard is what was reasonable.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: objective standard in the offence-creating words: reasonable cause to suspect.

What would breach article 4(3)?

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. On these words an offence is committed where a person provides funds, and knows or has reasonable cause to suspect that they will or may be used for the purposes of terrorism.
2. Moving, converting or paying away funds that belong to a designated person under the Terrorism (United Nations Measures) (Isle of Man) Order 2001, without a licence from the Treasury.
3. Making funds or economic resources available to a designated person - which includes paying a third party who will pass on the benefit.
4. Dealing with an asset in ignorance of the designation is still caught where the provision imposes no knowledge requirement; check the fault element stated below before assuming otherwise.

Penalty

Mode of trial

Summary only — tried in a magistrates’ court

Maximum fine

Unlimited

Maximum prison (summary)

Not determined

'to a fine' with no stated maximum.

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.

• Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales

  How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.

• Fraud, bribery and money laundering offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 October 2014

  Covers fraud, false accounting, bribery and money laundering, including offences committed by organisations.

• 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 Isle of Man 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

  (b) so far as relating to the Terrorism (United Nations Measures) (Isle of Man) Order 2001 (S.I. 2001/3364), to the Isle of Man, as part of its law;

Other offences in the same instrument

• Obtaining of informationarticle 10(6)
• Disclosure of informationarticle 11(2)
• Collection of fundsarticle 4(1)
• Collection of fundsarticle 4(2)
• Making funds availablearticle 5
• Freezing of funds on suspicionarticle 6(8)
• Freezing of funds on suspicionarticle 6(9)
• Facilitation of activities prohibited under articles 4, 5 and 6(8)article 7
• Any person who has done any act under the authority of a licence granted by the Treasury under this Order…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 Treasury under this Order…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) (Isle of Man) Order 2001 Every offence this instrument creates, and its explanatory note
• Corporate, financial services, company law, employment, charity, electoral and taxOther offences on the same subject
• Offences created in 2001