UK Offence Report

No bail for defendants convicted of certain offences after previous conviction of such offences

article 4(5)(c)(ii) of The Armed Forces (Conditional Release from Custody) 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

ii an offence under section

70 of either of the 1955 Acts or section

42 of the 1957 Act for which the corresponding civil offence, within the meaning of those Acts, is an offence of manslaughter;

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 This is the text as originally made; later amendments are not shown here.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
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 4(5)(c)(ii)?

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 Armed Forces (Conditional Release from Custody) Order 2009.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 70 of either of the 1955 Act.

penalty is that of the referenced enactment; not stated in this instrument.

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
14 April 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 a judge advocate to grant bail pending an appeal in respect of persons sentenced by the Summary Appeal Court or the Service Civilian Court. Article 3 gives a judge advocate the power to grant or revoke bail pending appeal and to vary the conditions of bail. It provides that the judge advocate may direct the person to appear at such time and place as the judge advocate may require. It also contains time limits for the grant of bail. Article 4 provides that bail cannot be granted, save in exceptional circumstances, to persons convicted of any of the offences listed in section 25(2) of the Criminal Justice and Public Order Act 1994 (c. 33). Article 5 provides that any time spent on release on bail does not count as part of the term of imprisonment or detention. Article 6 sets out the procedure for making an application to the judge advocate about bail pending appeal. Articles 7 and 8 deal with the imposition by a judge advocate of conditions of bail, including a power to impose such conditions as appear to be necessary to secure the person’s surrender and good behaviour when released. Article 9 requires the making of records of the judge advocate’s decisions relating to bail and provides for the power to order the forfeiture of security where a person has failed to surrender to custody. Article 10 provides for two offences, namely the offence of failing without reasonable cause to surrender to custody and the offence of failing to surrender as soon as reasonably practicable after having failed to surrender because of reasonable cause. Article 11 gives the judge advocate the power to issue a warrant for the arrest of a person or who has absconded following his surrender. The article also allows the arrest of a person in the absence of a warrant in certain specified circumstances. Article 12 applies where the grant of bail is conditional on the provision of sureties to secure the person’s surrender to custody. It sets out the factors which may be considered by the judge advocate in deciding on the suitability of a surety, together with the procedure for the surety to enter recognizances. Article 13 sets out the procedure for the judge advocate to order forfeiture of a recognizance in the event of the appellant failing to surrender to custody. Article 14 creates the offence of agreeing to indemnify sureties.

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 0.62.

Basis
the provision says an offence is committed “if” something happens
Confidence
0.62 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