UK Offence Report

If, for the purpose of obtaining a licence, any person— a makes any statement or furnishes any document or…

article 4(2) of The Export Control (Iraq and Ivory Coast) Order 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 If, for the purpose of obtaining

a licence, any person—

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

a material particular, or

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

a material particular, he shall be guilty of an offence; and any licence granted in connection with the application for which the false statement was made or the false document or information furnished shall be void as from the time it was granted.

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 This is the text as originally made; later amendments are not shown here.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
No statutory defence — prosecution proves everything

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

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

Classifier’s reasoning: mens rea word in the offence-creating words: recklessly, for the purpose of obtaining.

What would breach article 4(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 Export Control (Iraq and Ivory Coast) 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
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 February 2005
In force from
9 February 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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order makes provision in respect of Ivory Coast in consequence of Council Regulation (EC) No 174/2005 of 31 January 2005 (“the Regulation”) and the EU Common Position 2004/852/CFSP (OJ L 368, 15.12.2004, p.50) adopted on the 13th December 2004, and taking effect on that date (“the Common Position”). It also makes provision in respect of Iraq as a consequence of the ending of all sanctions, except those related to the sale or supply to Iraq of arms or related material. The Order provides that breaches of certain provisions of the Regulation are to be criminal offences. Articles 2 and 3 of this Order create offences in respect of the provisions of Article 2 of the Regulation. Article 4 provides for the licensing of transactions set out in article 2 of the Order. Article 5 provides penalties in respect of criminal offences created by the Order and for their enforcement. Article 7 adds Ivory Coast to the list of countries and destinations in Schedule 3 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (“the 2003 Order”). Article 8 adds Ivory Coast to the list of embargoed destinations in the Trade in Controlled Goods (Embargoed Destinations) Order 2004. Articles 6 and 7 amend article 11 of, and Schedule 3 to, the 2003 Order in relation to Iraq in respect of aircraft, vessels, firearms and ammunition and goods in transit. A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs 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