UK Offence Report

Offences in connection with reporting

article 11(3) of The Court Martial (Prosecution Appeals) 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

3 Where the publication is

a relevant programme—

a any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and

b any person having functions in relation to the programme corresponding to those of an editor of

a newspaper, 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 This is the text as originally made; later amendments are not shown here.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 body corporate
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 body corporate 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 11(3)?

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 Court Martial (Prosecution Appeals) Order 2009.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

this is the level 5 value when the instrument came into force (2009-10-31); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

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
21 July 2009
In force from
31 October 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 makes provision for prosecution appeals from rulings made in Court Martial trials and for the procedure to be followed in such appeals. The provisions of this order are made in consequence of those relating to prosecution appeals in Part 9 of the Criminal Justice Act 2003 (the 2003 Act). The power for the Secretary of State to make provision in consequence of criminal justice enactments derives from section 323 of the Armed Forces Act 2006 (“the 2006 Act”). This Order replaces the Courts-Martial (Prosecution Appeals) Order 2006 (S.I. 2006/1786), which made similar equivalent provision under section 31 of the Armed Forces Act 2001, for the purposes of court-martial trials prior to the establishment of the standing Court Martial under the 2006 Act. This order also replaces the Courts-Martial (Prosecution Appeals) (Supplementary Provisions) Order 2006 (S.I. 2006/1788), which made procedural provision for prosecution appeals in court-martial trials. That order was also made under section 31 of the 2001 Act, in consequence of the provisions of Part 7 of the Courts Act 2003, under which the Criminal Procedure Rules 2005 (S.I. 2005/384) were made. Those Rules provide for the procedure in civilian prosecution appeals. The main substantive provisions of this order are contained in Part 2. Article 3 establishes the right of appeal for the Director of Service Prosecutions (“the Director”) in relation to trial proceedings and provides that such an appeal, subject to the granting of leave, lies to the Court Martial Appeal Court. Article 4 makes provision, equivalent to the general right of appeal in section 58 of the 2003 Act, establishing a right of appeal for the Director against a ruling of a judge advocate in trial proceedings. Article 5 makes provision, equivalent to that in section 59 of the 2003 Act, in relation to the alternative expedited and non-expedited routes for appeals. Article 6 allows for proceedings to continue in respect of any charge which is not the subject of an appeal. Article 7 establishes powers for the Court Martial Appeal Court to confirm, reverse or vary any ruling to which the appeal relates equivalent to those in section 61 of the 2003 Act. Article 8 provides the test that must be met before the Court Martial Appeal Court may reverse a ruling from a judge advocate in trial proceedings. Article 9 amends provisions of the Court Martial Appeals Act 1968 so as to provide for a right of appeal to lie to the Supreme Court against any decision of the Court Martial Appeal Court in relation to an appeal under this Order and to mirror the provisions of the Criminal Appeal Act 1968 in relation to the granting of bail to an accused who has so appealed to the Supreme Court. Articles 10 and 11 make provision equivalent to sections 71 and 72 of the 2003 Act in relation to restrictions on reporting of appeals under this Order, and associated offences for contravention of reporting restrictions. Article 12 makes provision as to legal representatives. Article 13 gives powers to the Court Martial Appeal Court to award costs. Article 14 sets out certain miscellaneous and supplemental provisions. Part 3 of this Order contains procedural provisions. Article 15 makes provision in relation to adjournments requested by the Director in order for him to consider whether to appeal in respect of a ruling. Article 16 makes provision for oral applications for leave to appeal to the judge advocate. Article 17 makes provision for the procedure to be followed in relation to decisions as to whether an appeal should be expedited. Articles 18 and 19 make provision as to the content and service of notices of appeal, notices of application for leave to appeal and accuseds’ responses. Article 20 provides that an accused in custody is not entitled to attend hearings in person without a direction to that effect from the Court Martial Appeal Court, but may participate by way of live link without such a direction if he is able to see and hear the court and to be seen and heard by it. The procedure to be followed under Part 3 is qualified by article 21 for the purposes of appeals relating to public interest rulings. Articles 22 to 30 make further procedural provisions, including provisions in relation to the abandonment of proceedings, powers exercisable by a single judge or registrar, appeals to the Supreme Court and service of documents. Article 25 provides that applications refused by the registrar may be renewed for determination by a single judge. Article 26 provides that applications refused by a single judge may be renewed for determination by the full Court Martial Appeal Court. Article 31 makes transitory provision. Article 32 makes transitional provisions.

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