UK Offence Report

Procedure if the court convicts

paragraph 37.10 of Schedule Trial and sentence in a magistrates' court of The Criminal Procedure (Amendment No. 2) Rules 2008

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

Under section 20A of the Criminal Justice Act 1991, it is an offence for

a defendant knowingly or recklessly to make

a false or incomplete statement of financial circumstances, or to fail to provide such

a statement, in response to

a request by

a court officer on behalf of the court.

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 This is the text as originally made; later amendments are not shown here.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
an court officer
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 (knowingly, knowingly or recklessly, 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: knowingly, recklessly, knowingly or recklessly.

What would breach paragraph 37.10 of Schedule Trial and sentence in a magistrates' court?

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. Entering a figure on a form or return that is known to be wrong under the Criminal Procedure (Amendment No. 2) Rules 2008.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

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
14 December 2008
In force from
6 April 2009
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 Rules) — the explanatory note published with the instrument, © Crown copyright.

These Rules add the following new provisions to The Criminal Procedure Rules 2005: a new Part 21 (Initial details of prosecution case), in substitution for the existing Part 21 (Advance information in magistrates' courts), which revises and simplifies the rules about the early provision of details of the prosecution case. The new Part 21 applies unless the court otherwise directs, to allow for the gradual introduction of the arrangements with which it deals into all magistrates' courts and all categories of case. If the court disapplies the new rules, the rules in the old Part 21 will continue to apply. a new Part 37 (Trial and sentence in a magistrates' court), in substitution for the existing Part 37 (Summary trial) and Part 38 (Trial of children and young persons), which consolidates, revises and simplifies the rules about procedure at trial in magistrates' courts, including youth courts. a new Part 44 (Breach, revocation and amendment of community and other orders in a magistrates' court), in substitution for the existing Part 44 (Sentencing children and young persons). The rules about trial and sentence procedure in magistrates' courts now are all contained in the new Part 37. The new Part 44 rules therefore deal only with the procedures relating to community and other orders to which some of the old Part 38 and Part 44 rules applied. new rules in Part 2 (Understanding and applying the Rules) make transitional provision and explain when the new rules in Part 21, Part 37 and Part 44 will apply. In addition, the following amendments are made: Part 2 (Understanding and applying the Rules) is amended to define the expression “justices' legal adviser”, used in the new Part 37 rules. Part 19 (Bail in magistrates' courts and the Crown Court) is amended to introduce into magistrates' courts a requirement for advance notice to be given of an application to vary the conditions of subsisting bail, including change of address: which is a requirement that applies already in the Crown Court. A new rule 19.25 is added, to introduce into magistrates' courts and the Crown Court a requirement for the defendant to give notice of the address at which he or she would reside if the court granted bail with a condition of residence, so as to help the court assess the suitability of the address proposed. The Arrangement of Rules is amended to accommodate the changes to Part titles made in this and previous amendments of The Criminal Procedure Rules 2005. The changes made by these Rules come into force on 6th April 2009.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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