UK Offence Report

Confidential information

article 8(5) of The Terrorism (United Nations Measures) 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

5 A person who contravenes the prohibition in paragraph (2) is guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 8(5)?

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 contravenes the prohibition in paragraph (2).
  2. Doing the thing the provision prohibits under the Terrorism (United Nations Measures) Order 2009, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

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
8 July 2009
In force from
10 August 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.

This Order, made under section 1 of the United Nations Act 1946 (c.45), gives effect in the United Kingdom to resolution 1373(2001) adopted by the Security Council of the United Nations on 28th September 2001 relating to terrorism and resolution 1452(2002) adopted on 20th December 2002 relating to humanitarian exemptions. It also provides for enforcement of Regulation (EC) 2580/2001 on specific measures directed at certain persons and entities with a view to combating terrorism (“the EC Regulation”). The EC Regulation provides a mechanism for designating within the Community persons in respect of whom measures contained in the EC Regulation are to apply. The measures include the freezing of funds, financial assets and economic resources of such persons and ensuring that any funds, financial assets, economic resources and financial services are not made available to them. Article 3 of this Order provides that “designated persons” are persons identified under the EC Regulation and those identified in a direction given by the Treasury under article 4. Article 4 gives the Treasury power to give a direction to designate a person for the purposes of the Order if one of a number of specified conditions is fulfilled in respect of the person and the Treasury considers that the direction is necessary for purposes connected with protecting members of the public from a risk of terrorism. The conditions are that the Treasury have reasonable grounds to suspect that the person is (a) a person who commits, attempts to commit, participates in or facilitates the commission of acts of terrorism; (b) a person identified under the EC Regulation; (c) a person owned or controlled, directly or indirectly, by a designated person; or (d) a person acting on behalf of or at the direction of a designated person. Article 5 states that a direction ceases to have effect twelve months after it was made, but gives the Treasury the power to renew a direction on one or more occasions. Article 6 makes provision for the giving of notices to persons identified in Treasury directions, and for the publicising of directions generally. Article 7 makes provision for the notification to a person identified in a Treasury direction of any variation, revocation or expiry of a direction, and for the general publication of such variation, revocation or expiry. Article 8 gives the Treasury power to specify that information contained in a direction to which article 6(3) applies is to be treated as confidential. The article imposes a prohibition on disclosing such information except with lawful authority. The article makes it a criminal offence to contravene this prohibition and provides that the Court may grant an injunction to prevent a breach. Article 10 prohibits any dealing with funds or economic resources of a restricted person. Article 11 prohibits making funds or financial services available to a restricted person. Article 12 prohibits making funds or financial services available for the benefit of a restricted person. Article 13 prohibits making economic resources available to a restricted person. Article 14 prohibits making economic resources available for the benefit of a restricted person. It is a criminal offence to contravene any of these prohibitions. Article 15 provides for exceptions to these prohibitions to permit the crediting of frozen accounts with interest and payments due under obligations entered into before the account became frozen, and to permit an institution to credit a frozen account with funds Article 16 makes it a criminal offence to circumvent the prohibitions or to facilitate the commission of an offence relating to a prohibition. Article 17 provides a licensing procedure to enable, for humanitarian and other purposes, certain acts to be exempted from the prohibitions. Article 18 sets out certain reporting requirements which relevant institutions have in relation to restricted persons. It is a criminal offence to fail to comply with these requirements. Article 25 confirms that the provisions of this Order apply to the Crown but, in the event of a contravention, the Crown is not criminally liable. Article 26 revokes the Terrorism (United Nations Measures) Order 2006, save that where a direction made under article 4 of that Order or given continued effect by article 20(2) of that Order is in effect immediately before the coming into force of this Order, the provisions of that 2006 Order or the Terrorism (United Nations Measures) Order 2001 (S.I. 2001/3365) continue to apply in respect of that direction until 31st August 2010 unless the direction is revoked sooner. The Schedule makes provisions for information gathering and information disclosure. A list of designated persons is available on the Internet at: www.hm-treasury.gov.uk/documents/fin_sanctions_index An impact assessment of the effect that this instrument will have on the costs of business may be attained from the Asset Freezing Unit, HM Treasury, 1 Horse Guards Road, London SW1A 2HQ and is also available on HM Treasury’s website (www.hm-treasury.gov.uk) and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk).

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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