UK Offence Report

Procedure if the court convicts

article 37.10 of The Criminal Procedure 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 20A of the Criminal Justice Act 1991, it is an offence for

a defendant knowingly or recklessly to make

a false or incomplete statement of financial circumstances, or to fail to provide such

a statement, in response to

a request by

a court officer on behalf of the court.

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 This is the text as originally made; later amendments are not shown here.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
an court officer
Conduct
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

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

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

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly, recklessly, knowingly or recklessly.

What would breach article 37.10?

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. Entering a figure on a form or return that is known to be wrong under the Criminal Procedure Rules 2010.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

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
11 January 2010
In force from
5 April 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.

The Criminal Procedure Rules 2010 consolidate The Criminal Procedure Rules 2005, S.I. 2005/384, with the amendments made by S.I. 2006/353, 2006/2636, 2007/699, 2007/2317, 2007/3662, 2008/2076, 2008/3269 and 2009/2087. The new Rules incorporate the further amendments listed beneath. Otherwise, they reproduce the rules that they supersede. Rule Amendment Part 2 Rule 2.1 is amended, to provide for the transition to these new rules. Part 3 Rule 3.5 is amended, to include the expression ‘justices’ legal adviser’ that is defined in Part 2, and rules 3.9 and 3.10 are amended, to apply them to all appeals (not just appeal to the Crown Court). Part 4 Rule 4.10 is amended, to omit the definition of ‘business day’ that is contained in Part 2. Part 6 Rules 6.1 and 6.2 are amended, and Section 5 (rules 6.23 to 6.26) is added, to provide for investigation anonymity orders. Part 10 Rule 10.4 is replaced. Part 15 Rule 15.5(2) is amended, to cross-refer to Part 33. Part 29 The Part is replaced. Part 34 The Part is replaced. Part 35 The Part is replaced. Part 37 Rule 37.3 is amended, to provide for parties’ final representations at trial. Part 52 Rules 52.6 to 52.14 are renumbered 52.5 to 52.13. Part 55 Rule 55.3 is amended, to accommodate amendments to section 34 of the Road Traffic Offenders Act 1988, and rule 55.5 is added, to provide for appeals under section 59 of the Crime (International Co-operation) Act 2003. Part 56 Rule 56.4 is amended, to omit the provision about the Proceeds of Crime Act 2002 that is contained in Part 6. Part 60 Rule 60.6(4) is amended, to cross-refer to rules 76.11 to 76.14. Part 63 Rule 63.1 is amended, to include references to section 10 of the Violent Crime Reduction Act 2006 and section 42 of the Counter Terrorism Act 2008. Part 64 Rules 64.6 and 64.7 are renumbered 64.5 and 64.6. Part 68 Rule 68.1 is amended, to include a reference to section 42 of the Counter Terrorism Act 2008. Part 71 Rule 71.6(1) is amended, to cross-refer to rule 65.6(5). Part 75 The Part is replaced. Amendments to notes to rules. There are amended, to cross-refer to relevant statutes and other rules, the notes to rules 3.5, 3.11, 4.4, 14.1, 16.11, 19.11, 30.1, 32.9, 37.3, 37.15, 40.4, 40.5, 40.7, 47.1, 47.2, 50.1, 52.12, 54.1, 63.1, 63.7 and 68.1. Amendments to tables of contents of Parts. There are amended, to correct discrepancies, the lists of rule names in the tables of contents of Parts 10, 11, 13, 16, 19, 20, 31, 32, 40, 41, 52, 54, 55, 56, 57, 59, 64, 65 and 73. Amendments to the Glossary. Some entries are amended, the better to correspond with the use in these Rules of the expressions glossed. These Rules come into force on 5th April 2010.

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 0.90.

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