UK Offence Report

Appeal against recognition of foreign driving disqualification

paragraph 55.5 of SCHEDULE 5 of The Criminal Procedure (Amendment) Rules 2010 (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

Under section

63 of the 2003 Act, it is an offence for

a person to whom the minister gives

a notice under section

57 not to surrender any licence that he or she holds, within the same period as for an appeal.]

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 This is the text as originally made; later amendments are not shown here.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 paragraph 55.5 of SCHEDULE 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 it is an offence to whom the minister gives a notice under section 57 not to surrender any licence that he or she holds, within the same period as for an appeal.
  2. Doing what the provision prohibits, or failing to do what it requires under the Criminal Procedure (Amendment) Rules 2010.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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
26 July 2010
In force from
4 October 2010
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 Rules) — the explanatory note published with the instrument, © Crown copyright.

These Rules make the following amendments to The Criminal Procedure Rules 2010, S.I. 2010/60: Rule Amendment Part 3 Rule 3.10 is amended to require the court to consider setting a timetable for the hearing of a trial or an appeal; and to allow the court to impose time limits during the progress of a hearing. Part 5 Rule 5.3 is amended to allow the authentication by means other than conventional signature of certain magistrates’ court forms. Rule 5.7 is amended to make clear that it is a rule of procedure, not a rule of evidence. Part 7 Rule 7.4(3) is amended to make clear that a summons may be authenticated by means other than conventional signature, or by the identification on its face of the court that issued it. (‘Court’ is defined by rule 2.2(1).) Part 18 The rules are replaced with revised and simplified rules about warrants for arrest, detention or imprisonment, applicable in all criminal courts. Part 19 Rule 19.17(4) is amended to remove restrictions on the defendant’s right to be present at the hearing of a prosecutor’s appeal against the grant of bail. Part 29 A new Section 6 is added, containing rules about applications for witnesses to give evidence by live link under section 32 of the Criminal Justice Act 1988 or section 51 of the Criminal Justice Act 2003. Part 30 The Part is omitted. The rules are replaced by the new rules in Part 29. Part 37 Rule 37.10(3) and the note to that rule are amended to bring up to date references to sentencing guidelines and to the Sentencing Council. Part 42 The rules are replaced with revised and simplified rules about sentencing procedures in special cases, applicable in all criminal courts. Part 43 The Part is omitted. The rules are replaced by the new rules in Part 42. Part 44 The rules are amended to make them applicable in the Crown Court as well as in magistrates’ courts; and to take account of legislative changes. Part 45 The Part is omitted. The rules are replaced by the new rules in Part 42. Part 47 The Part is omitted. The rules are replaced by the new rules in Part 42. Part 48 The Part is omitted. The rules are replaced by the new rules in Part 42. Part 49 The Part is omitted. The rules are replaced by the new rules in Part 42. Part 50 Rule 50.2 is amended to list the occasions on which legislation requires the court to give reasons if it decides not to make a behaviour order. Rule 50.5 is amended to allow the court to direct whether, and if so by whom, there should be served an application to vary or revoke a behaviour order. Part 52 The rules are replaced with revised and simplified rules about the enforcement of fines and other orders for payment. Part 53 The Part is omitted. The rules are replaced by the new rules in Part 42. Part 54 The Part is omitted. The rules are replaced by the new rules in Part 42. Part 55 Rules 55.1 to 55.4 are replaced with revised and simplified rules about road traffic penalties. Rule 55.5 is reproduced unchanged. Part 57 Rule 57.15 is amended to bring up to date the legislative references that it contains. Part 58 Rule 58.10 is amended to take account of legislative changes. Part 60 Rules 60.1, 60.5 and 60.6 are amended to take account of legislative changes. Amendments to notes to rules. The note to rule 2.5 is amended to bring up to date the legislative references that it contains. The notes to rules 35.3 and 35.4 are amended to correct the cross-references that they contain. Amendments to the preamble. The preamble that lists the powers exercised by the Criminal Procedure Rule Committee is amended to omit a reference that no longer is required; to correct a reference to a rule; and to include a reference to a power now exercised by the Committee for the first time. Amendments to the Arrangement of Rules. The Arrangement of Rules is amended in consequence of the amendments listed in the above table. These Rules come into force on 4th October 2010.

Read the full note and every offence in this 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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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