UK Offence Report

Summoning of witnesses

regulation 16(2) of The Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002

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

2 The summons must—

a explain that it is an offence under section 9(5)(c) of the 1999 Act to fail, without reasonable excuse, to comply with it; and

b explain the right to apply under this regulation to have it varied or set aside.

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 This is the text as originally made; later amendments are not shown here.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

s an offence under section 9(5)(c) of the 1999 Act to fail, without reasonable excuse, to comply with it; and b explain the right to apply under this regulation to have it varied or set aside.

What would breach regulation 16(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.

  1. Doing what the provision prohibits, or failing to do what it requires under the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 9(5)(c) of the 1999 Act.

penalty is that of the referenced enactment; not stated in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

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
25 March 2002
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations make provision about the proceedings of the Tribunal established by section 9 of the Protection of Children Act 1999 (“the 1999 Act”) (c.14). The jurisdiction of the Tribunal has been extended by the Care Standards Act 2000 (“the 2000 Act”) (c.14). These Regulations make provision for the conduct of proceedings of the Tribunal under Part II of the 2000 Act, section 79M of the Children Act 1989, section 65A of the Children Act 1989, section 4 of the 1999 Act, regulation 13 of the Education (Restriction of Employment) Regulations 2000 and section 86 of the 2000 Act. They come into force on 1st April 2002. Part I makes provision in respect of citation, commencement and interpretation (regulation 1). Part II makes provision as to the constitution of the Tribunal, in respect of the powers and functions which may be exercised by the President and the Secretary (regulation 2) and the requirements for membership of the lay panel (regulation 3). Part III refers, for each type of appeal, determination and application for leave to the relevant Schedule to the Regulations which sets out the procedural steps to be followed by the parties (regulation 4). Part IV makes provision about case management. These provisions deal with the appointment of the Tribunal (regulation 5), the giving of directions (regulation 6), the fixing and notification of the appeal hearing (regulation 7), multiple appeals which enables the President to direct that certain appeals be heard together (regulation 8) and further directions (regulation 9). This Part also provides for the Tribunal to be able to make unless orders (regulation 10), copies of documents (regulation 11), disclosure of information and documents including the power to order persons who are not parties to the appeal to disclose documents to the Tribunal (regulation 12), the appointment of expert witnesses by the Tribunal (regulation 13), evidence of witnesses (regulation 14), withholding medical reports from disclosure in exceptional circumstances (regulation 15), the summoning of witnesses (regulation 16), the procedure for child and vulnerable adult witnesses (regulation 17), restricted reporting orders (regulation 18) and exclusion of the press or public from the appeal hearing (regulation 19). Part V makes provision for the procedure at the hearing. Regulation 20 provides for the procedure at the hearing which is decided by the Tribunal in any particular case. Regulation 21 provides that the hearing must be in public subject to limited exceptions. Regulation 22 provides for the manner in which evidence is given at the hearing. Part VI makes provision about the way in which decisions are given and communicated to the parties to the appeal (regulation 23), the award of costs (regulation 24), the right of the appellant to ask the Tribunal to review its own decision (regulation 25), the powers of the Tribunal on review (regulation 26) and the publication of the decision (regulation 27). Part VII deals with supplementary matters. Regulation 28 provides for the method of sending documents, regulation 29 provides for dealing with any irregularities, regulation 30 makes provision for cases where the applications are made on behalf of a person under a disability, regulation 31 provides for cases where the applicant dies, regulation 32 provides for the amendment of the reasons for an appeal or application for leave or response to the appeal or application, regulation 33 provides for withdrawal of proceedings or opposition to proceedings, regulation 34 makes provision for the proof of documents and certification of decisions and regulation 35 provides for extending time limits in the Regulations. Part VIII deals with revocation of the Protection of Children Act Tribunal Regulations 2000 and makes provision in respect of things done under those Regulations (regulation 36). There are 5 Schedules to the Regulations which make provision in respect of the procedure to be followed on appeals, determinations and applications for leave (where they are required). The Schedules make provisions about the documents which the applicant must send to the Tribunal in order to initiate an appeal, the procedure for the Secretary to follow when an appeal is made, information which the respondent must send to the Tribunal and further information to be supplied to the Tribunal by both parties to enable the Tribunal to give directions. Schedule 1 deals with appeals under Part II of the 2000 Act. Schedule 2 deals with appeals against decisions made in respect of registration for child minding and day care. Schedule 3 deals with appeals against decisions made by the registration authority refusing consent under section 65 of the Children Act 1989 for a person to carry on, be concerned in the management of, or have a financial interest in a children’s home when disqualified or to employ a disqualified person. Schedule 4 makes provision for appeals, determinations and applications for leave under section 4 of the 1999 Act. Schedule 5 makes provision for appeals, determinations and applications for leave under Part VII of the 2000 Act. These Regulations do not impose any cost on business.

Read the full note and every offence in this instrument

Other offences in the same 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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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