Declaration as to goods: powers of search

article 9(4) of The Democratic Republic of the Congo (United Nations Sanctions) (Isle of Man) Order 2003

• Status not determined
• Requires proof of a state of mind
• Summary only
• 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

4 Any person who under the provisions of this article makes

a declaration which to his knowledge is false in

a material particular, or recklessly makes any declaration which is false in

a material particular, shall be guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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

making a false or misleading statement

Fault element

Requires proof of a state of mind

Burden of proof

No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (recklessly).

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

Classifier’s reasoning: mens rea word in the offence-creating words: recklessly.

What would breach article 9(4)?

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 under the provisions of this article makes a declaration which to his knowledge is false in a material particular, or recklessly makes any declaration which is false in a material particular.
2. Entering a figure on a form or return that is known to be wrong under the Democratic Republic of the Congo (United Nations Sanctions) (Isle of Man) Order 2003.
3. Leaving out something the form asks for, where the omission is what makes the answer misleading.
4. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial

Summary only — tried in a magistrates’ court

Maximum fine

Unlimited

Maximum prison (summary)

Not determined

'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.

• 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.

• 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

8 October 2003

In force from

10 October 2003

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 is made under the United Nations Act 1946. It gives effect in the Isle of Man to Resolution 1493, adopted by the Security Council of the United Nations on 28th July 2003. The resolution prohibits the delivery or supply of arms and related matériel and the provision of assistance, advice and training related to military activities to the territory of North and South Kivu and Ituri in the Democratic Republic of the Congo and to groups in the Democratic Republic of the Congo who are not party to the Global and All Inclusive Agreement on the Transition in the Democratic Republic of the Congo (signed in Pretoria on 17 December 2002).

Read the full note and every offence in this instrument

Other offences in the same instrument

• Provisions supplementary to articles 10 to 12article 13(3)
• Supply of restricted goodsarticle 3(1)
• Provision of assistance, advice or training related to military activitiesarticle 5
• Use of ships, aircraft and vehicles: restricted goodsarticle 6(3)
• Customs powers to demand evidence of destination which goods reacharticle 7
• Any person who has done any act under the authority of a licence granted by the Treasury under this Order…article 8
• If for the purposes of obtaining any licence under this Order any person makes any statement, or furnishes…article 8(1)
• Any person who has done any act under the authority of a licence granted by the Treasury under this Order…article 8(2)
• Declaration as to goods: powers of searcharticle 9(3)
• Any person who— a without reasonable excuse, refuses or fails within the time and in the manner specified…paragraph 5 of SCHEDULE 2

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 Democratic Republic of the Congo (United Nations Sanctions) (Isle of Man) Order 2003 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