UK Offence Report

Commencement

article 2(1) of The Criminal Justice Act 2003 (Commencement No.14 and Transitional Provision) 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

1 —Subject to article 3, the following provisions of the 2003 Act shall come into force on 1st January 2007—

a sections 14 (offences committed while on bail) and 15(1) and (2) (failure to surrender by persons released on bail) for the purposes only of any offence—

i to which paragraph 2A(2)(b), 6(2)(b), 9AA(1)(b), or 9AB(1)(b) of Part

1 of Schedule

1 to the 1976 Act applies, and

ii in relation to which the defendant is liable on conviction to

a sentence of imprisonment for life, detention during Her Majesty’s pleasure or custody for life; and

b paragraph

3 of Schedule 36 (minor and consequential amendments to the 1976 Act).

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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
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 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.

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.

What would breach article 2(1)?

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. Not doing what the provision requires under the Criminal Justice Act 2003 (Commencement No.14 and Transitional Provision) Order 2006, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

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
4 December 2006
In force from
Not determined
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 brings into force in England and Wales on 1st January 2007, subject to the transitional provision in article 3, sections 14 and 15(1) and (2) of the Criminal Justice Act 2003 in relation to certain offences specified in article 2(a). The specified offences are those to which paragraphs 2A(2)(b), 6(2)(b), 9AA(1)(b) and 9AB(1)(b) of Part 1 of Schedule 1 to the Bail Act 1976 apply in relation to which the defendant is liable on conviction to a sentence of imprisonment for life, detention during Her Majesty’s pleasure or custody for life. The effect of the Order is that the new criteria in paragraphs 2A(1) and 9AA(2) of Part 1 of Schedule 1 to the 1976 Act, as substituted by section 14(1) of the 2003 Act, will apply as to when bail may be granted to a defendant who has, on or after 1st January 2007, committed a specified offence, and who appears to the Court to have been on bail in criminal proceedings on the date of the offence. The Order also has the effect that the new criteria in paragraphs 6(1) and 9AB(3) of Part 1 of Schedule 1 to the 1976 Act, as substituted by section 15(1) and (2) of the 2003 Act, will apply as to when bail may be granted to a person who, having been released on bail in or in connection with criminal proceedings for a specified offence, appears to the Court to have failed to surrender to custody in those proceedings on or after 1st January 2007. Article 2(b) also brings into force a consequential amendment to the 1976 Act.

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 0.72.

Basis
the provision states liability on summary conviction
Confidence
0.72 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