UK Offence Report

Procedure if the court convicts

article 37.10 of The Criminal Procedure Rules 2011 (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 This is the text as originally made; later amendments are not shown here.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 2011.
  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
7 July 2011
In force from
3 October 2011
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 2011 consolidate The Criminal Procedure Rules 2010, S.I. 2010/60, with the amendments made by S.I. 2010/1921 and 2010/3026. The new Rules incorporate the further amendments listed beneath. Otherwise, they reproduce the rules that they supersede. Rule Amendment Part 2 Rule 2.1(3) is amended, to provide for the transition to these new rules. Rule 2.2(1) is amended to include a definition of the expression ‘Registrar’. Part 3 Rule 3.5(2)(e) is amended, to provide for the giving of directions in public or in private, or without a hearing. Rule 3.11(3) is added, to provide generally for the giving of notice of hearings. Part 4 Rules 4.2, 4.3, 4.5, 4.6, 4.10 and 4.12 are amended to make new provision for the electronic service of documents and for consistency of expression. The title of rule 4.6 is changed, and the table of contents is amended correspondingly. Part 5 The Part is replaced. Part 10 Rule 10.5(1)(c) is amended to omit references to legislation now repealed. Part 15 The Part is replaced. Part 16 The Part is replaced. Part 19 Rule 19.17(12) is added, to allow for a hearing in public or in private. Rule 19.18(1) is amended to enlarge the scope of the rule; the title of the rule is changed; and rule 19.18(10) is added, to allow for a hearing in public or in private. The table of contents is amended correspondingly. Part 20 Rule 20.2 is added, to allow for a hearing in public or in private. The table of contents is amended correspondingly. Part 29 The time limit in rule 29.3(a) is changed. Rule 29.13(4) is amended, to refer to the statutory ground of objection to admitting video recorded evidence. Part 34 The time limit in rule 34.2(3) is changed. Part 35 The time limit in rule 35.4(3) is changed. Part 52 Rule 52.1(1)(a) is amended, for consistency of expression. Rule 52.10 is added, to provide for the enforcement of financial penalties imposed in other European Union member States. The table of contents is amended correspondingly. Part 57 Rule 57.15(1) is amended to enlarge the scope of the rule. Part 59 Rules 59.1 and 59.4 are amended to provide for separate applications for restraint and ancillary orders. The other rules in the Part, and the table of contents, are amended correspondingly. Part 60 Rule 60.1(3)(d) is amended, for consistency of expression. Rule 60.2(3) is amended to require further details of an application under that rule. Part 64 Rule 64.6(16) is added, to allow for the settling of a case stated without a hearing. Part 65 Rules 65.1(2), 65.8 and 65.9 are amended in consequence of the new rules in Part 5. Part 68 Rule 68.1(1)(a) is amended, to include a reference to section 274(3) of the Criminal Justice Act 2003. The time limits in rules 68.2(2) and 68.6(4) are changed. Part 76 Rules 76.1(1) and 76.7(1)(b) are amended, to include references to section 4 of the Dangerous Dogs Act 1991. Amendments to notes to rules. The notes about disclosure, at the end of Part 22, the notes about eligibility for a special measures direction, at the end of Part 29, and the notes to rules 7.2, 19.11, 29.9, 32.9, 37.1, 40.4, 40.5, 40.7, 65.8, 65.9, 68.1, 68.3 and 76.1, all are amended to bring up to date the cross-references they contain. These Rules come into force on 3rd October 2011.

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