UK Offence Report

Any person who— a without reasonable excuse, refuses or fails within the time and in the manner specified…

paragraph 5 of SCHEDULE 2 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

5 Any person who—

a without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within

a reasonable time) to comply with any request made under this Schedule by any person who is empowered to make it; or

b furnishes any information or produces any document which to his or her knowledge is false in

a material particular; or recklessly furnishes any document or information which is false in

a material particular to such

a person in response to such

a request; or

c otherwise wilfully obstructs any person in the exercise of his powers under this Schedule; or

d with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, secretes or removes any document, 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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (recklessly, wilfully, with intent to).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: wilfully, with intent to, recklessly; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

5 Any person who— a without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under this Schedule by any person who is empowered to make it; or b furnishes any information or produc

What would breach paragraph 5 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.

  1. Refusing to let an inspector onto premises they are entitled to enter under the Iran (United Nations Sanctions) Order 2009.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

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 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 0.92.

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