UK Offence Report

Notes for guidance 17A When warning a person who is asked to provide a urine or non-intimate sample in…

paragraph 1(2) of SCHEDULE of The Police and Criminal Evidence Act 1984(Codes of Practice) (Modifications to Codes C and D)(Certain Police Areas) Order 2003

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

Notes for guidance 17A When warning

a person who is asked to provide

a urine or non-intimate sample in accordance with paragraph 17.1, the following form of words may be used: You do not have to provide

a sample, but I must warn you that if you fail or refuse without good cause to do so, you will commit an offence for which you may be imprisoned, or fined, or both . 17B A sample has to be sufficient and suitable.

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 This is the text as originally made; later amendments are not shown here.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
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies (with intent to) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

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

Classifier’s reasoning: no fault word in the offence-creating words, but the surrounding provision uses with intent to - which element it governs was not determined.

What would breach paragraph 1(2) of SCHEDULE?

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. Not doing what the provision requires under the Police and Criminal Evidence Act 1984(Codes of Practice) (Modifications to Codes C and D)(Certain Police Areas) Order 2003, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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
13 March 2003
In force from
1 April 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 revokes, with effect from 1st April 2003, the Orders listed in article 4 which made modifications to Code C and Code D of the codes of practice issued under section 67 of the Police and Criminal Evidence Act 1984. The modifications were either temporary or applied only in certain police areas where the provisions of section 63B of the Police and Criminal Evidence Act 1984 (c. 60) (testing for presence of Class A drugs) were being piloted. Fully revised versions of those Codes C and D are to be brought into force on 1st April 2003 by the Police and Criminal Evidence Act 1984 (Codes of Practice) (Codes B to E) (No. 2) Order 2003 (S.I. 2003/703) and are available for purchase from The Stationery Office. The modifications set out in the Schedule to this Order will apply to Codes C and D in the police areas specified in article 3 where the piloting will continue. The modifications are in substantially the same form as those revoked by this Order.

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 0.92.

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