UK Offence Report

A relevant institution that fails to comply with a requirement in paragraph (1) or (2) is guilty of an offence

paragraph 2(3) of SCHEDULE of The Sudan (United Nations Measures) Order 2006

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

3 A relevant institution that fails to comply with

a requirement in paragraph (1) or (2) 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 This is the text as originally made; later amendments are not shown here.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 institution
Conduct
failing to comply with a notice or direction
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a institution meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision; other provisions of the same instrument use a mens rea word while this one does not (the Cundy v Le Cocq contrast).

What would breach paragraph 2(3) of SCHEDULE?

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. Being served with a notice under the Sudan (United Nations Measures) Order 2006 and doing nothing by the date it specifies.
  2. Doing part of what the notice requires, where it required all of it.
  3. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

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
Revoked
Revoked by
The Sudan (Asset-Freezing) Regulations 2012 (revoked)
Revoked on
4 July 2012
Made
7 June 2006
In force from
9 June 2006
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 gives effect in the United Kingdom to two resolutions adopted by the Security Council of the United Nations (resolution 1591(2005) adopted on 29th March 2005 and resolution 1672(2006) adopted on 25th April 2006) and provides for the enforcement of two Regulations adopted by the European Communities (Council Regulation (EC) No 1184/2005 of 18th July 2005 (O.J. L.193, 23.7.2005, p.9) and Commission Regulation (EC) No 760/2006 of 18th May 2006 (O.J. L.132, 19.5.2006, p.28)). The Security Council has decided that all states are to take certain measures against individuals who impede the peace process or violate international law in the conflict in the Darfur region of Sudan. The measures include the freezing of funds, financial assets and economic resources of such individuals and ensuring that any funds, financial assets and economic resources are not made available to them. The individuals to which the measures are to apply include persons (“designated persons”) designated by a Committee of the Security Council established under resolution 1591(2005) or listed in paragraph 1 of resolution 1672(2006). Article 3 of this Order requires the Treasury to maintain a list of designated persons and to make the list publicly available. Article 4 prohibits any dealing with funds, financial assets and economic resources of designated persons, and makes it a criminal offence to contravene this prohibition. Article 5 prohibits making funds, financial assets and economic resources available to designated persons, and makes it a criminal offence to contravene this prohibition. Article 7 makes it a criminal offence to circumvent the prohibitions or to facilitate the commission of an offence relating to a prohibition. Article 8 gives the Treasury power to direct that a person suspected of being owned or controlled, directly or indirectly, by a designated person or of acting on behalf of or at the direction of a designated person is to be treated for the purposes of the prohibitions and offences as if he were a designated person. It also creates an appeal process in respect of any such direction. Article 9 provides a licensing procedure to enable, for humanitarian purposes, certain acts to be exempted from the prohibitions. Article 18 revokes the Sudan (United Nations Measures) Order 2005 which gave effect to resolution 1591(2005) before that resolution was supplemented by resolution 1672(2006). The Schedule makes provision about information and evidence. A list of designated persons and any persons who are the subject of a direction made under article 8 will be made available on the Internet at: www.bankofengland.co.uk. A partial regulatory impact assessment of the effect that this instrument will have on the costs of business may be obtained from the Asset Freezing Unit of the Financial Crime Team, HM Treasury, 1 Horse Guards Road, London SW1A 2HQ and is also available on HM Treasury’s website (www.hm-treasury.gov.uk). A copy of the regulatory impact assessment has been placed in the libraries of both Houses of Parliament.

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