UK Offence Report

Recognition and enforcement of maintenance orders (section 5)

paragraph 3 of SCHEDULE 1 of The Civil Jurisdiction and Judgments Order 2001

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

A person who without reasonable excuse fails to comply with this sub-paragraph shall be guilty of an offence and liable on summary conviction to

a fine not exceeding level

2 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 This is the text as originally made; later amendments are not shown here.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
breaching a condition of a licence, permit or consent
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

A person who without reasonable excuse fails to comply with this sub-paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

What would breach paragraph 3 of SCHEDULE 1?

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 without reasonable excuse fails to comply with this sub-paragraph.
  2. Holding a valid licence but doing the thing it allows outside the hours, place or limits its conditions set under the Civil Jurisdiction and Judgments Order 2001.
  3. Failing to do something a condition positively requires - a record, a notification, a monitoring step - even though the licensed activity itself is carried on properly.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£500
Standard scale
Level 2
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
11 December 2001
In force from
Not determined
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 in Council makes legislative changes needed in consequence of the coming into force on 1st March 2002 of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“the Regulation”). The Regulation applies to all Member States except Denmark and to that extent replaces the 1968 Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, to which the United Kingdom became party by an Accession Convention signed in 1978. The Conventions were given the force of law in the United Kingdom by the Civil Jurisdiction and Judgments Act 1982 (“the Act”). The Act was later amended by the Civil Jurisdiction and Judgments Act 1991 to give the force of law also to the 1988 Lugano Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, which made similar arrangements with a number of non-Member States. The Brussels Convention, in so far as it governs relationships with Denmark, and the Lugano Convention, remain in place. The main purpose of this Order is to amend the Act so as to preserve the current position in respect of the Brussels Convention, so far as it relates to Denmark, and the Lugano Convention, and to make new but analogous provision in respect of the Regulation. In particular, the Order— a contains various provisions applicable for the purposes of the Regulation; these are, with appropriate modifications, modelled on the equivalent provisions of the Act (Schedule 1); b amends certain provisions of the Act to apply for the purposes of the Regulation in the same way that they apply for the purposes of the Brussels and Lugano Conventions (Schedule 2); c amends the Act to clarify the relationship between the Regulation, the Brussels Convention and the Lugano Convention (Schedule 2, paragraph 1(c)); d amends Schedule 4 to the Act, which contains provisions for the allocation of intra-UK jurisdiction which previously were modelled on the Brussels Convention, broadly so as to bring those provisions into line with the equivalent provisions of the Regulation; an exception is jurisdiction in contractual matters, which continues to be aligned on article 5(1) of the Convention rather than article 5(1) of the Regulation (Schedule 2, paragraphs 3 and 4); e makes similar amendments to Schedule 8 to the Act, which contains provisions on jurisdiction in Scotland (Schedule 2, paragraphs 6 and 7); f amends section 48 of the Act to allow for the making of appropriate amendments to rules of court; this provision is commenced early, on 25th January 2002, so that any such amendments to rules of court which rely on section 48 can be made in time to come into force on 1st March 2002 (Schedule 2, paragraph 17); and g makes various consequential amendments (Schedule 3).

Read the full note and every offence in this 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