UK Offence Report

Amendments to the 2003 Order

article 7 of The Export Control (Security and Para-military Goods) Order 2006

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

7 Article

16 of the 2003 Order shall be amended as follows—

a in paragraph (1) insert “ or” at the end of sub-paragraph (b) and insert after that sub-paragraph—

c Article 3(1) of the 2005 Regulation, in respect of the supply of technical assistance, as defined in the 2005 Regulation, ;

b after paragraph (5) insert— 5A Any person knowingly concerned in the provision of technical assistance, as defined in the 2005 Regulation, with intent to evade the prohibition on the provision of technical assistance in article 3(1) of the 2005 Regulation shall be guilty of an offence and liable to arrest. ; and

c in paragraph

6 for “under paragraph (4) or (5)” substitute “under paragraph (4), (5) or (5A) ”.

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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
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 (knowingly, with intent to).

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: knowingly, with intent to.

What would breach article 7?

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. Doing what the provision prohibits, or failing to do what it requires under the Export Control (Security and Para-military Goods) Order 2006.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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
29 June 2006
In force from
30 July 2006
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 Council Regulation (EC) No 1236/2005 of 27th June 2005 (“the 2005 Regulation”) concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. This Order amends the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (“the 2003 Order”), the Trade in Goods (Control) Order 2003 and the Trade in Controlled Goods (Embargoed Destinations) Order 2004. to provide for licensing, enforcement and penalties in relation to goods controlled by the 2005 Regulation. It also makes further consequential amendments. Article 3 amends article 2 of the 2003 Order to provide for references to the 2005 Regulation. Sub-paragraph (a) amends the definition of Community Licence to include an authorisation made under the 2005 Regulation. Sub-paragraph (b) amends the definition of competent authority to include any authority empowered to grant an authorisation under the 2005 Regulation. Sub-paragraph (c) inserts a definition of the 2005 Regulation. Article 4 amends article 3 of the 2003 Order to provide for the licensing of goods in Schedule 1A for export to any Member State of the European Community. Article 5 makes consequential amendments to the transit controls in paragraph 11(b) of article 11 of the 2003 Order in consequence of the 2005 Regulation. Article 6 amends paragraph 2 of article 12 to provide that a Community Licence is an authorisation required by the 2005 Regulation. Article 7 amends article 16 to provide offences and penalties in relation to the provision of technical assistance prohibited by the 2005 Regulation. Articles 8, 9, 10 and 11 make provision for the application of the Customs and Excise Management Act 1979 in relation to the enforcement of the 2005 Regulation. Article 12 amends Schedule 1 to the 2003 Order, Prohibited Goods, Software and Technology, to remove items controlled by the 2005 Regulation or controlled by new Schedule 1A to that Order. Article 13 inserts new Schedule 1A into the 2003 Order. Articles 15 and 16 amend the definitions of controlled and restricted goods in the Trade Order. Articles 17 and 18 limits trade controls in relation to goods whose export is only controlled to a destination outside the European Community. Article 19 inserts a new Schedule 1 of controlled goods and a new Schedule 2 of restricted goods to the Trade Order. Article 20 amends the definition of controlled goods in article 2 of the 2004 Order. A full regulatory impact assessment of the effect this Order will have on the costs of business is available from http://www.dti.gov.uk/europeantrade/strategic-export-control or the Export Control Organisation helpline-Telephone (020) 7215 8070 or E-mail:ECO.help@dti.gsi.gov.uk.

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