UK Offence Report

SCHEDULE 1

SCHEDULE 1 of The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004

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

Section 2(4) (threatening to obtain nuclear material by an act which is an offence referred to in section 1(1)(c) of the Nuclear Materials (Offences) Act 1983 in order to compel

a state, international governmental organisation or person to do, or abstain from doing, an act).

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 This is the text as originally made; later amendments are not shown here.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
selling or supplying something the instrument restricts
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 (intentionally, knowing it to be, knowingly, maliciously) - 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 knowingly, intentionally, maliciously, knowing it to be, reasonably practicable, reasonable cause to suspect - which element it governs was not determined.

What would breach SCHEDULE 1?

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. Selling the goods under the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 where the instrument prohibits the sale outright.
  2. Supplying without carrying out a check the instrument requires first, even where the sale would otherwise be lawful.
  3. Offering for sale counts as well as selling: displaying stock is enough where the provision reaches an offer.

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 11(1) of the Aviation and Maritime Security Act 1990.

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
20 July 2004
In force from
12 August 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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order is made under section 72 of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”), which applies for the purpose of the construction and application of Article 33(2) of the United Nations 1951 Convention on the Status of Refugees (“the 1951 Convention”). Article 33(2) allows a person to be removed from the United Kingdom, notwithstanding that he is a refugee within the meaning of the 1951 Convention, if he, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community. Section 72(4)(a) of the 2002 Act states that a person shall be presumed to have been convicted by a final judgement of a particularly serious crime and that he constitutes a danger to the community of the United Kingdom if he is convicted of an offence specified by order of the Secretary of State. This Order specifies that an offence described in any of the six Schedules to it, each reflecting the differing territorial extent of offences, is specified for the purposes of section 72(4)(a). Schedule 1 describes offences that apply throughout the United Kingdom. Schedule 2 describes offences that apply only in England and Wales. Schedule 3 describes offences that apply only in Scotland. Schedule 4 describes offences that apply only in Northern Ireland. Schedule 5 describes offences that apply only in England and Wales and Scotland. Schedule 6 describes offences that apply only in England and Wales and Northern Ireland.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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 0.62.

Basis
the provision says an offence is committed “if” something happens
Confidence
0.62 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