Funding arrangements

article 8 of The Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002

• Status not determined
• Objective fault
• Either way
• Firearms, offensive weapons, explosives and poisons

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

8 A person commits an offence if—

a he enters into or becomes concerned in an arrangement as

a result of which money or other property is made available or is to be made available to another, and

b he knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.

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 This is the text as originally made; later amendments are not shown here.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

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 8?

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 Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002.

Penalty

Mode of trial

Either way — magistrates’ court or Crown Court

Maximum fine

Unlimited

Maximum prison (summary)

Not determined

Maximum prison (on indictment)

6 months

'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.

• Firearms offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales

  Covers possession, transfer and manufacture of prohibited weapons and ammunition, including the statutory minimum sentences.

• 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

16 July 2002

In force from

1 August 2002

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 makes provision, for certain British overseas territories, corresponding to various provisions of the Terrorism Act 2000 and the Anti-terrorism, Crime and Security Act 2001 which deal with the financing of terrorism and related matters. The Order extends to Anguilla, the Falkland Islands, Montserrat, St Helena and Dependencies, the Turks and Caicos Islands, and the Virgin Islands.

Read the full note and every offence in this instrument

Other offences in the same instrument

• Disclosure of information: dutyarticle 10(3)
• Evidencearticle 22(4)
• Fund-raisingarticle 6(1)
• Fund-raisingarticle 6(2)
• Fund-raisingarticle 6(3)
• Use and possessionarticle 7(1)
• Use and possessionarticle 7(2)
• Money launderingarticle 9(1)
• Failure to discloseparagraph 1(1) of SCHEDULE 1
• General interpretationparagraph 22(1) of SCHEDULE 3
• Authorised or required disclosuresparagraph 3(4) of SCHEDULE 1
• Restriction on disclosure of information for overseas purposesparagraph 4(3) of SCHEDULE 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 “commits 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 Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002 Every offence this instrument creates, and its explanatory note
• Firearms, offensive weapons, explosives and poisonsOther offences on the same subject
• Offences created in 2002