UK Offence Report

Supply services to North Korea ships

article 8A(2) of The North Korea (United Nations Measures) (Overseas Territories) (Amendment) Order 2009

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 Any person knowingly concerned in the provision or attempted provision of such services in such circumstances 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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
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).

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.

What would breach article 8A(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.

  1. Doing what the provision prohibits, or failing to do what it requires under the North Korea (United Nations Measures) (Overseas Territories) (Amendment) Order 2009.

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
8 July 2009
In force from
10 July 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 Order) — the explanatory note published with the instrument, © Crown copyright.

The Order made under the United Nations Act 1946 amends the North Korea (United Nations Measures) (Overseas Territories) Order 2006 (S.I. 2006/3327, as amended by S.I. 2007/1347 and S.I. 2009/888) (“the principal Order”). The amendments are to give effect to measures introduced by resolution 1874 (2009) adopted by the United Nations Security Council on the 12th June 2009 and certain aspects of its previous resolution 1718 (2006). The amendments to the principal Order are as follows:— Article 2 adds a revised definition of “restricted goods” and a new definition of “ship supply services” to article 2(1) of the principal Order. Article 3 replaces article 7 of the principal Order with a revised article 7 prohibiting the use of flag vessels or aircraft for the carriage of restricted goods either to or from North Korea, and for the carriage of prohibited luxury goods to North Korea. Article 4 introduces a new article 8A into the principal Order prohibiting the provision of ship supply services to North Korean ships in specified circumstances. Any person knowingly concerned in a breach of this prohibition in such circumstances commits an offence. Article 5 amends the penalties provisions in article 23 of the principal Order to provide penalties for a breach of article 8A. Article 6 makes a corresponding amendment to that in article 5 in the application of article 23 of the principal Order to the Sovereign Base Areas in Cyprus.

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