Offences in connection with applications for licences, conditions attaching to licences, etc.
article 12(2) of The Iraq (United Nations Sanctions) Order 2003 (revoked)
- Status not determined
- Strict liability
- Either way
- International sanctions, export control and trade restrictions
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 Any person who has done any act under the authority of
a licence granted by the Secretary of State under this Order and who fails to comply with any conditions attaching to that licence 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 This is the text as originally made; later amendments are not shown here.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 person
- Conduct
- failing to do something the instrument requires
- 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 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 12(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.
- On these words an offence is committed where a person has done any act under the authority of a licence granted by the Secretary of State under this Order and who fails to comply with any conditions attaching to that licence.
- Not doing what the provision requires under the Iraq (United Nations Sanctions) Order 2003, by the time it requires it to be done.
- Doing it, but not in the manner or to the standard the instrument specifies.
Penalty
- Mode of trial
- Either way — magistrates’ court or Crown Court
- Maximum fine
- Not determined
- Standard scale
- Level 5
- Maximum prison (summary)
- 6 months
- Maximum prison (on indictment)
- 2 years
the level is stated but no money value is given: this instrument extends outside the United Kingdom, where the standard scale set by s.122(1) of the Sentencing Act 2020 does not run.
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.
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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
- Status not determined
- Made
- 12 June 2003
- In force from
- 14 June 2003
- Extent
- E+W+S+NI
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, revokes three Orders made to give effect to certain aspects of United Nations sanctions against Iraq, amends the Iraq (United Nations Sanctions) Order 2000, continues the prohibition of the sale or supply of arms and related materiel to Iraq, prohibits holding or dealing in any item of illegally removed Iraqi cultural property and grants privileges and immunities to the Development Fund for Iraq and petroleum, petroleum products and natural gas originating in Iraq and proceeds and obligations arising from sales thereof, pursuant to decisions of the Security Council of the United Nations in resolution 1483 of 22nd May 2003.
Read the full note and every offence in this instrument
Other offences in the same instrument
- 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 Secretary of State under…article 12
- If for the purpose of obtaining any licence under this Order any person makes any statement or furnishes any…article 12(1)
- 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 5(1)
- Use of ships, aircraft and vehicles: restricted goodsarticle 7(3)
- Illegally removed Iraqi cultural propertyarticle 8
- Illegally removed Iraqi cultural propertyarticle 8(2)
- Illegally removed Iraqi cultural propertyarticle 8(3)
- 1 Any person who, except under the authority of a licence granted by the Treasury under article 5, makes any…paragraph 2 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 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 Iraq (United Nations Sanctions) Order 2003 (revoked) Every offence this instrument creates, and its explanatory note
- International sanctions, export control and trade restrictionsOther offences on the same subject
- Offences created in 2003