UK Offence Report

Transfer of funds to the Development Fund for Iraq

regulation 4(6) of The Iraq (United Nations Sanctions) Order 2000 (Amendment) Regulations 2004 (revoked)

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

6 Any person who fails to comply with paragraph (1) is guilty of an offence and shall be liable—

a on conviction on indictment to imprisonment for

a term not exceeding two years, or

a fine, or both;

b on summary conviction to imprisonment for

a term not exceeding three months, or

a fine not exceeding the statutory maximum, or both.

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 This is the text as originally made; later amendments are not shown here.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 regulation 4(6)?

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 fails to comply with paragraph (1).
  2. Not doing what the provision requires under the Iraq (United Nations Sanctions) Order 2000 (Amendment) Regulations 2004, by the time it requires it to be done.
  3. 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
£5,000
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
3 months

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
29 June 2004
In force from
21 July 2004
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, made in exercise of the power in section 2(2) of the European Communities Act 1972, amend the Iraq (United Nations Sanctions) Order 2000 (the “2000 Order”) which gave effect to certain aspects of the sanctions imposed against Iraq by United Nations Security Council Resolution 1483(2003) of 22nd May 2003. The amendments are made to ensure that full effect is given in the United Kingdom to the provisions of Council Regulation (EC) No. 1210 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (the “2003 Regulation”), which implemented Resolution 1483 (2003) at Community level. Regulations 3(2) and (3) amend the personal scope of the 2000 Order so that it applies to persons who are onboard aircraft or ships that are registered in the United Kingdom, as well all persons in the airspace above any part of the United Kingdom and persons carrying on any business in the United Kingdom. Regulation 3(5) amends article 4A of the 2000 Order in order to enable the Treasury to issue a direction under that article in respect of persons they have reasonable grounds for suspecting are or may be listed in either Annex III or Annex IV to the 2003 Regulation, as well as certain persons that they have reasonable grounds for suspecting are or may be connected with persons who are listed in Annex IV to the Council Regulation. Regulation 3(6) amends article 5A(3) of the 2000 Order to adjust the scope of the exemption from the requirement to transfer funds to the account of the Development Fund for Iraq and makes various amendments in consequence of the changes that have been made to article 5A(3). Regulation 4 makes provision requiring the transfer to the Development Fund for Iraq of funds that are subject to a direction of the sort referred to in article 6(1) of the Iraq (United Nations Sanctions)(Amendment) Order 2004 and which, as a consequence of the amendments that have been made to the 2000 Order by these Regulations, no longer fall within article 5A(3) of the 2000 Order.

Read the full note and every offence in this 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 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