UK Offence Report

Failure to comply with request for information

paragraph 4(1) of SCHEDULE of The Libya (Financial Sanctions) Order 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

1 A person commits an offence 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;

b knowingly or recklessly gives any information, or produces any document, which is false in

a material particular in response to such

a request;

c with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, conceals or removes any document; or

d otherwise intentionally obstructs the Treasury in the exercise of their powers under this Schedule.

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 This is the text as originally made; later amendments are not shown here.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 (intentionally, knowingly, knowingly or recklessly, recklessly, 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: knowingly, intentionally, with intent to, recklessly, knowingly or recklessly; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

1 A person commits an offence 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; b knowingly or recklessly gives any information, or produces any document, which i

What would breach paragraph 4(1) of SCHEDULE?

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 Libya (Financial Sanctions) Order 2011.
  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
27 February 2011
In force from
28 February 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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order, made under section 1 of the United Nations Act 1946, gives effect in the United Kingdom to certain provisions of Resolution 1970 (2011) of the Security Council of the United Nations adopted on 26 January 2011 (“the Security Council Resolution”), in response to the situation in Libya. The Security Council Resolution requires states to take measures to freeze the assets of persons listed in Annex II of the Resolution, or designated by the Committee of the Security Council established under the Security Council Resolution. Article 2 defines designated persons as any person named in Annex II to the Security Council Resolution or designated by the Committee established under the Security Council Resolution. Articles 3 to 7 provide prohibitions against dealing with the funds, financial assets or economic resources of a designated person, or making funds, financial assets or economic resources available to, or for the benefit of, a designated person. Article 8 provides an exception to the prohibitions in articles 3 to 5 in the circumstances set out in the Security Council Resolution where a relevant institution credits a frozen account for a permitted reason. Article 9 provides a licensing procedure to enable funds, financial assets and economic resources to be exempted from the prohibitions. Article 10 creates offences when the prohibitions in articles 3 to 7 are contravened. Articles 13 to 16 contain provisions about penalties, proceedings and who, in relation to bodies corporate and other bodies, may be prosecuted for an offence under the Order. The Schedule makes provision for information gathering and information disclosure. A list of designated persons is available on the Internet at: www.hm-treasury.gov.uk/fin_sanctions_index.htm. Further information is available from the Asset Freezing Unit, HM Treasury, 1 Horse Guards Road, London SW1A 2HQ and on the HM Treasury website (www.hm-treasury.gov.uk).

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 “commits 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