UK Offence Report

Offences in connection with applications for licence, conditions attaching to licences etc.

article 6(1) of The Democratic Republic of the Congo (United Nations Measures) Order 2005

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 A person is guilty of an offence if, for the purposes of obtaining any licence he—

a makes any statement or furnishes any document or information which to his knowledge is false in

a material particular,

b recklessly makes any statement or furnishes any document or information which is false in

a material particular, or

c fails, without reasonable excuse, to make

a statement or furnish any document or information which may be relevant to the application for the licence.

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 This is the text as originally made; later amendments are not shown here.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
An element of the offence, for the prosecution to prove

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

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: recklessly; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

mation which is false in a material particular, or c fails, without reasonable excuse, to make a statement or furnish any document or information which may be relevant to the application for the licence.

What would breach article 6(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. Entering a figure on a form or return that is known to be wrong under the Democratic Republic of the Congo (United Nations Measures) Order 2005.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

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.

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
Revoked
Revoked by
The Democratic Republic of the Congo (Asset-Freezing) Regulations 2012 (revoked)
Revoked on
5 July 2012
Made
7 June 2005
In force from
9 June 2005
Extent
E+W+S+NI

How this was established: the instrument was revoked by a later instrument found in this corpus.

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 section 1 of the United Nations Act 1946, gives effect in part to Resolution 1596, adopted by the Security Council of the United Nations on 18th April 2005. Other instruments will give effect to Resolution 1596 in the overseas territories. Amongst other things, the effect of Resolution 1596 is to require States to prohibit the making available of funds to individuals and entities designated by the relevant Sanctions Committee of the Security Council. The list of persons designated by the Security Council can be found at: www.bankofengland.co.uk. A full regulatory impact assessment has not been prepared for this instrument, as it has no impact on the cost of business.

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 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