Provisions supplementary to articles 13 to 15

Q: Is article 16(3) of The Ivory Coast (Restrictive Measures) (Overseas Territories) Order 2005 a strict liability offence?

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

article 16(3) of The Ivory Coast (Restrictive Measures) (Overseas Territories) Order 2005

Revoked
Requires proof of a state of mind
Either way
International sanctions, export control and trade restrictions

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

3 Each of the following persons shall be guilty of an offence under this Order, that is to say — a a master of a ship who disobeys any direction given under article 13(2)(a); b a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who — i without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under article 13, 14 or 15 by any person empowered to make it, or ii furnishes any document or information which to his knowledge is false in a material particular, or recklessly furnishes any document or information which is false in a material particular, to such a person in response to such a request; c a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under article 13, 14 or 15.

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 This is the text as originally made; later amendments are not shown here.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 master
Conduct: obstructing an official exercising a power
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, wilfully).

“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: wilfully, recklessly; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

an aircraft or an operator or a driver of a vehicle who — i without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under article 13, 14 or 15 by any person empowered to make it, or ii furnishes any document or information which to his knowledge is false in a material particular, or recklessly furni

What would breach article 16(3)?

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.

Refusing to let an inspector onto premises they are entitled to enter under the Ivory Coast (Restrictive Measures) (Overseas Territories) Order 2005.
Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial: Either way — magistrates’ court or Crown Court
Maximum fine: £5,000
Maximum prison (summary): 6 months
Maximum prison (on indictment): 2 years

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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Fraud, bribery and money laundering offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 October 2014
Covers fraud, false accounting, bribery and money laundering, including offences committed by organisations.
Imposition of community and custodial sentences: definitive guideline All courts in England and Wales
When a community order or custody is justified at all, and the presumption against short custodial sentences.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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 Côte d’Ivoire (Sanctions) (Overseas Territories) Order 2012 (revoked)
Revoked on: 9 January 2013
Made: 9 February 2005
In force from: 11 February 2005
Extent: Not stated

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

What the instrument is for

This Order applies to each of the territories specified in Schedule 1. This instrument gives effect to certain measures in resolution 1572 adopted by the Security Council of the United Nations on 15 November 2004, as implemented in the EU. UNSCR 1572 (2004) amongst other things imposes an arms embargo, with certain exemptions, on Ivory Coast with immediate effect; and provided for an assets freeze and travel ban against certain persons to come into effect on 15 December 2004. The targeted persons will be those designated by the Sanctions Committee as constituting a threat to the peace and national reconciliation process in Ivory Coast. These measures are implemented in the EU by Common Position CSFP/852/2004 adopted on 13 December 2004, which extends the arms embargo to equipment which might be used for internal repression and bans financial assistance related to military activities subject to the embargo. Aspects of the sanctions falling within Community competence will be implemented in two EC Regulations.

Read the full note and every offence in this instrument

Other offences in the same instrument

Failure to disclose knowledge or suspicion of measuresarticle 10(1)
Customs powers to demand evidence of destination which goods reacharticle 11
Declaration as to goods: powers of searcharticle 12(3)
Declaration as to goods: powers of searcharticle 12(4)
If, for the purposes of obtaining any licence under this Order, any person makes any statement or furnishes…article 17(1)
Any person who has done any act under the authority of a licence granted by the Governor under this Order…article 17(2)
No person shall be guilty of an offence under paragraph (2) where he proves that the condition with which he…article 17(3)
Supply of restricted goodsarticle 3(1)
Exportation of restricted goods to Ivory Coastarticle 4(3)
Any person who, except under the authority of a licence granted by the Governor under this article, directly…article 5
Use of ships, aircraft and vehicles: restricted goodsarticle 6(3)
Making funds available to designated personsarticle 7

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Ivory Coast (Restrictive Measures) (Overseas Territories) Order 2005 Every offence this instrument creates, and its explanatory note
International sanctions, export control and trade restrictionsOther offences on the same subject
Offences created in 2005