Provision of certain technical assistance or training

article 5(2) of The Al-Qa'ida and Taliban (United Nations Measures) (Overseas Territories) Order 2002

Revoked
Strict liability
Either way
International sanctions, export control and trade restrictions

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 Any British citizen, British Dependent Territories citizen, British Overseas citizen, British subject, British National (Overseas), British protected person, or body incorporated or constituted under the law of any part of the Territory who in any place outside the Territory directly or indirectly provides to
a listed person any technical assistance or training related to:
a the supply, delivery, manufacture, maintenance or use of any restricted goods, or
b military activities, shall be guilty of an offence under this Order.

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 This is the text as originally made; later amendments are not shown here.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 listed person
Conduct: breaching the provision
Fault element: Strict liability
Burden of proof: No statutory defence — prosecution proves everything

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 listed 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.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 5(2)?

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.

Doing what the provision prohibits, or failing to do what it requires under the Al-Qa'ida and Taliban (United Nations Measures) (Overseas Territories) Order 2002.

Penalty

Mode of trial: Either way — magistrates’ court or Crown Court
Maximum fine: £5,000
Maximum prison (summary): 6 months
Maximum prison (on indictment): 2 years

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.
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: Revoked
Revoked by: The Al-Qaida (United Nations Measures) (Overseas Territories) Order 2012 (revoked)
Revoked on: 7 August 2012
Made: 23 January 2002
In force from: 25 January 2002
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 Order, made under the United Nations Act 1946, applies to each of the territories specified in Schedule 1. It gives effect to Resolution 1390, adopted by the Security Council of the United Nations on 16th January 2002. In view of the changing situation in Afghanistan, Resolution 1390 continued, amended or terminated as appropriate certain provisions of Security Council Resolutions 1267, adopted on 15th October 1999, and 1333, adopted on 19th December 2000 which imposed sanctions in relation to Usama bin Laden, the Taliban and the territory of Afghanistan. The effect of Resolution 1390 is to require States to prohibit the delivery or supply of arms and related matériel and the provision of related technical assistance and training to Usama bin Laden, Al-Qa'ida, the Taliban and their associates. It also prohibits the making of funds available to those persons. The list of persons designated by the Security Council is to be found at http://www.un.org/Docs/sc/committees/Afghanistan/Afg_list_eng.htm. The Order revokes the Afghanistan (United Nations Sanctions) (Overseas Territories) Order 2001 and the Afghanistan (United Nations Measures) (Overseas Territories) (Amendment) Order 2001 and amends the Terrorism (United Nations Measures) (Overseas Territories) Order 2001.

Read the full note and every offence in this instrument

Other offences in the same instrument

A relevant institution is guilty of an offence if— a it knows or suspects that a person who is, or has been…article 10(1)
Customs powers to demand evidence of destination which goods reacharticle 11
Any person who has done any act under the authority of a licence granted by the Governor under this Order…article 12
If for the purposes of obtaining any licence under this Order any person makes any statement or furnishes…article 12(1)
Any person who has done any act under the authority of a licence granted by the Governor under this Order…article 12(2)
Declaration as to goods: powers of searcharticle 13(2)
Declaration as to goods: powers of searcharticle 13(3)
Provisions supplementary to articles 14 to 16article 17(3)
Supply of restricted goodsarticle 3(1)
Supply of restricted goodsarticle 3(2)
Provision of certain technical assistance or trainingarticle 5(1)
Use of ships, aircraft and vehicles: restricted goods, technical assistance and trainingarticle 6(3)

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 Al-Qa'ida and Taliban (United Nations Measures) (Overseas Territories) Order 2002 Every offence this instrument creates, and its explanatory note
International sanctions, export control and trade restrictionsOther offences on the same subject
Offences created in 2002