UK Offence Report

Declaration as to goods: powers of search

article 9(4) of The Lebanon (United Nations Sanctions) (Overseas Territories) Order 2007

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

4 Any person who under the provisions of this article makes

a declaration which to his knowledge is false in

a material particular, or recklessly makes any declaration which is false in

a material particular, shall be guilty of an offence under this Order.

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
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 (recklessly).

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: recklessly.

What would breach article 9(4)?

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. On these words an offence is committed where a person under the provisions of this article makes a declaration which to his knowledge is false in a material particular, or recklessly makes any declaration which is false in a material particular.
  2. Entering a figure on a form or return that is known to be wrong under the Lebanon (United Nations Sanctions) (Overseas Territories) Order 2007.
  3. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  4. Producing a document to an official that has been altered since it was issued.

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.

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
7 February 2007
In force from
9 February 2007
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, made under the United Nations Act 1946, applies to each of the territories specified in Schedule 1. It gives effect to Resolution 1701 (2006) adopted by the Security Council of the United Nations on the 11th August 2006, which prohibits the delivery or supply of arms and related material to Lebanon and the provision of assistance, advice and training related to the provision, manufacture, maintenance or use of arms and related material. The substantive provisions include the following— Article 3 makes it a criminal offence for any reason to supply restricted goods without a licence. Article 4 prohibits the exportation of restricted goods and makes it a criminal offence to contravene this prohibition. Article 5 prohibits the provision of assistance, advice or training relating to the provision, manufacture, maintenance or use of restricted goods and makes it a criminal offence to contravene this prohibition. Article 6 prohibits the use of ships, aircraft and vehicles to carry restricted goods to Lebanon, and makes it a criminal offence to contravene this prohibition. Penalties applying upon conviction for offences under the Order are provided in Article 15 and, in Schedule 2 in respect of the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus. Schedule 3 makes provision about information and evidence.

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