UK Offence Report

Any person who— a without reasonable excuse, refuses or fails within the time and in the manner specified…

paragraph 2 of SCHEDULE 2 of Burma (Financial Sanctions) Regulations 2005 (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

2 Any person who—

a without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within

a reasonable time) to comply with any request made under this Schedule;

b intentionally furnishes false information or

a false explanation to any person exercising his powers under this Schedule; or

c with intent to evade the provision of this Schedule, destroys, mutilates, defaces, secretes or removes any documents, is 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 This is the text as originally made; later amendments are not shown here.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
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 (intentionally, with intent to).

“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: intentionally, with intent to; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

2 Any person who— a without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under this Schedule; b intentionally furnishes false information or a false explanation to any person e

What would breach paragraph 2 of SCHEDULE 2?

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 Burma (Financial Sanctions) Regulations 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
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
7 June 2005
In force from
29 June 2005
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 provide that breaches of certain provisions of Council Regulation (EC) No 798/2004 of 26th April 2004 (the “EC Regulation”) relating to financial sanctions are criminal offences. The enforcement of other provisions of the EC Regulation are dealt with in the Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipments of Equipment) (Penalties and Licences) Regulations 2004 (S.I. 2004/1315). The EC Regulation has had various amendments, most recently by Commission Regulation (EC) No. 667/2005 of 28th April 2005. Schedule 1 to these Regulations lists the amending instruments. Regulation 2 provides that breaches of the following provisions of the EC Regulation are criminal offences:– Article 6(1) which provides for the freezing of funds and economic resources belonging to individual members of the Burmese Government and person or entities associated with them as listed in Annex III to the EC Regulation as amended; Article 6(2) which prohibits the making available of funds or economic resources directly or indirectly to or for the benefit of persons listed in Annex III to the EC Regulation as amended; Article 6(3) which prohibits the knowing and intentional participation in activities the object or effect of which is, directly or indirectly, to circumvent the prohibitions in Article 6(1) and (2); Article 8a(1) which prohibits the granting of any financial loan or credit to Burmese state-owned enterprises as listed in Annex IV to the EC Regulation as amended; the acquisition of bonds, certificates of deposit, warrants or debentures issued by such enterprises; and the acquisition or extension of a participation in such enterprises; Article 8a(2) which prohibits the knowing and intentional participation in activities the object or effect of which is, directly or indirectly, to circumvent the provisions in Article 8a(1); and Article 9, which requires all persons to immediately provide to the Treasury or the Bank of England and to the European Commission any information, which would facilitate compliance with the EC Regulation, but requires such information to be used only for the purposes for which it was provided or received. Regulation 3 makes it an offence to provide false information in connection with a request for authorisation under Article 7(1) of the EC Regulation. Regulation 4 and Schedule 2 make provision for information to be requested by or on behalf of the Treasury or the Bank of England for the purpose of ensuring compliance with the EC Regulation. Failure to provide such information, the provision of false information or the suppression of evidence is a criminal offence. Unauthorised disclosure of information acquired under Schedule 2 is also a criminal offence. Regulations 5 and 6 proscribe the penalties and procedures for breaches of regulations 2, 3, 4 and Schedule 2 to the Regulations. Regulation 7 revokes the Regulations that previously enforced the financial sanctions in the EC Regulation. A regulatory impact assessment has not been prepared for these Regulations, as they have no [minimal] 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