UK Offence Report

Offences in connection with applications for licences, conditions attaching to licences, etc.

article 5 of The Iran (United Nations Sanctions) Order 2009 (revoked)

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 who has done any act under the authority of

a licence granted by the Secretary of State under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence under this Order: Provided that no person shall be guilty of an offence under this paragraph where the person proves that the condition with which he or she failed to comply was modified, otherwise than with his or her consent, by the Secretary of State after the doing of the act authorised by the licence.

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
Fault element
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies (for the purpose of obtaining, recklessly) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no fault word in the offence-creating words, but the surrounding provision uses recklessly, for the purpose of obtaining - which element it governs was not determined.

What would breach article 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 has done any act under the authority of a licence granted by the Secretary of State under this Order and who fails to comply with any conditions attaching to that licence.
  2. Entering a figure on a form or return that is known to be wrong under the Iran (United Nations Sanctions) Order 2009.
  3. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  4. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Not determined
Standard scale
Level 5
Maximum prison (summary)
6 months
Maximum prison (on indictment)
2 years

the level is stated but no money value is given: this instrument extends outside the United Kingdom, where the standard scale set by s.122(1) of the Sentencing Act 2020 does not run.

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 April 2009
In force from
10 April 2009
Extent
E+W+S+NI

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 the United Nations Act 1946, gives effect to certain aspects of United Nations sanctions against Iran relating to the procurement of arms from Iran. This Order supplements existing trade controls, by prohibiting the procurement of arms from Iran regardless of their destination, and prohibiting the carriage of such goods to any destination using UK flag vessels or aircraft. The substantive provisions of this Order include the following— Article 3 prohibits the procurement of military goods from Iran. Military goods are defined by reference to subsidiary legislation made under the Export Control Act 2002. A breach of this article is made an offence. Article 4 prohibits the use of vessels, aircraft and vehicles for the carriage of military goods from Iran. A breach of this article is made an offence. Articles 5 to 11 contain ancillary provisions to facilitate enforcement of the above provisions and to detect the evasion of any prohibition. Article 12 provides penalties for the offences specified in this Order and for proceedings. Schedule 1 lists the overseas territories to which information may be disclosed as provided in article 9. Schedule 2 makes provision for the gathering of evidence and information. A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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 0.96.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.96 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