Personal liberty

paragraph 5(2) of SCHEDULE 2 of The Cayman Islands Constitution Order 2009

Status not determined
Strict liability
TV licensing, fare evasion and school attendance

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

2 The right to liberty does not extend to the following measures taken in relation to a person in accordance with a procedure prescribed by law— a in execution of the sentence or order of a court, whether in the Cayman Islands or elsewhere, in respect of a criminal offence under any law of which he or she has been convicted or in consequence of his or her unfitness to plead to a criminal charge; b in execution of an order of a court punishing him or her for contempt of that court or of another court; c in execution of the order of a court made in order to secure the fulfilment of any obligation imposed on him or her by law; but no person shall be deprived of his or her liberty merely on the ground of inability to fulfil a contractual obligation; d for the purpose of bringing him or her before a court in execution of the order of a court; e on reasonable suspicion that he or she has committed, is committing or is about to commit a criminal offence under any law; f in the case of a minor, under the order of a court or with the consent of his or her parent or guardian, for the purpose of his or her education or welfare; g for the purpose of preventing the spread of an infectious or contagious disease; h in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his or her care or treatment or the protection of the community; i for the purpose of preventing the unlawful entry of that person into the Cayman Islands, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from the Cayman Islands, or for the purpose of restricting that person while he or she is being conveyed through the Cayman Islands in the course of his or her extradition or removal as a convicted person from one country to another; j in execution of the order of a court detaining a person charged with a criminal offence in respect of whom a special verdict has been returned that he or she was guilty of the act or omission charged but was insane when he or she did the act or made the omission.

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: 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 paragraph 5(2) of SCHEDULE 2?

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.

Doing what the provision prohibits, or failing to do what it requires under the Cayman Islands Constitution Order 2009.

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.

Sentencing children and young people: definitive guideline Youth courts and all courts sentencing those under 18 · in force from 1 June 2017
Applies whenever the defendant is under 18, whatever the offence.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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: 10 June 2009
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 Order establishes a new Constitution for the Cayman Islands, to replace the Constitution of 1972. The new Constitution includes, for the first time, a Bill of Rights setting out the fundamental rights and freedoms of the individual and provisions for their enforcement. It provides for a Governor as Her Majesty’s representative in the Islands, and for a Premier and other Ministers who form a Cabinet together with the Deputy Governor and the Attorney General. It provides for an elected Legislative Assembly, which together with Her Majesty forms the Legislature. It provides for a Grand Court and a Court of Appeal as superior courts, and a Judicial and Legal Services Commission to advise on judicial and senior legal appointments. Provision is also made for a Human Rights Commission, a Commission for Standards in Public Life, and a Constitutional Commission. A new National Security Council is established, as is the new office of Director of Public Prosecutions. Provision is also made for the public service, public finance, a Complaints Commissioner, a Register of Interests, and freedom of information.

Read the full note and every offence in this instrument

Other offences in the same instrument

Personal libertyparagraph 5(2)(e) of SCHEDULE 2
Penalty for sitting or voting in the Legislative Assembly when unqualifiedparagraph 67(1) of SCHEDULE 2
Disqualifications of electorsparagraph 91(2) of SCHEDULE 2
Disqualifications of electorsparagraph 91(2)(c) of SCHEDULE 2

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 “commits 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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Cayman Islands Constitution Order 2009 Every offence this instrument creates, and its explanatory note
TV licensing, fare evasion and school attendanceOther offences on the same subject
Offences created in 2009