UK Offence Report

Summoning of witnesses

regulation 12(2)(a) of The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Review of Disqualification Orders) Regulations 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

a explain that it is an offence under section 9(5)(c) of the Protection of Children Act 1999 to fail, without reasonable excuse, to comply with it; and

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 This is the text as originally made; later amendments are not shown here.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
Strict liability
Burden of proof
An element of the offence, for the prosecution to prove

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 person 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.

“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: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

ion 9(5)(c) of the Protection of Children Act 1999 to fail, without reasonable excuse, to comply with it; and

What would breach regulation 12(2)(a)?

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 Protection of Children and Vulnerable Adults and Care Standards Tribunal (Review of Disqualification Orders) Regulations 2006.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 9(5)(c) of the Protection of Children Act 1999.

penalty is that of the referenced enactment; not stated in this instrument.

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
13 July 2006
In force from
15 August 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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations make provision about the proceedings of the Tribunal established by section 9 of the Protection of Children Act 1999. The jurisdiction of the Tribunal has been extended by the Criminal Justice and Court Services Act 2000 (c. 43) (“the 2000 Act”), Schedule 7. These Regulations make provision for the conduct of proceedings of the Tribunal in relation to the review of determinations under sections 32 and 33 of the 2000 Act (disqualification orders). Part 1 makes provision in respect of citation, commencement and interpretation (regulation 1). Part 2 makes provision as to the constitution of the Tribunal, in respect of the powers and functions that may be exercised by the President and the Secretary (regulation 2). Part 3 makes provision in relation to applications and determinations and sets out the procedural steps involved in the making and acknowledgement of applications (regulations 3 and 4). It also enables misconceived applications to be struck out (regulation 5) and deals with the grant or refusal of leave (regulation 6) and the re-consideration of a refusal of leave (regulation 7). Part 4 makes provision about the appointment of the Tribunal (regulation 8). Part 5 makes provision about directions and preliminary issues (regulation 9), and the conduct of the hearing (regulations 10 and 11). In addition, provision is made about the summoning of witnesses (regulation 12) and particular arrangements applying to child and vulnerable adult witnesses (regulation 13), allowing for the provision of expert evidence (regulation 14) and where medical reports may be withheld from disclosure in certain circumstances (regulation 15), for excluding the press and public from hearings (regulation 16) and for restricted reporting orders (regulation 17). Part 6 deals with the Tribunal’s decision (regulation 18), the power of the Tribunal to review its decision either on its own initiative or at the request of the applicant (regulation 19), the powers of the Tribunal on such a review (regulation 20) and the publication of the decision (regulation 21). Part 7 deals with supplementary matters. Regulation 22 provides for the method of sending documents, regulation 23 provides for dealing with any irregularities, regulation 24 provides for cases where the applicant dies, regulation 25 provides for withdrawal of applications, regulation 26 makes provision for the proof of documents and certifying of decisions and regulation 27 provides for extending and in certain circumstances reducing time limits mentioned in the Regulations.

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 0.60.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.60 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