UK Offence Report

Appeal against custody time limit decision

rule 19.17 of The Criminal Procedure Rules 2012 (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 Part IA of Schedule

1 to the 1976 Act, where the offence is punishable with imprisonment, and is one that can be tried only in

a magistrates’ court—

a the defendant need not be granted bail if it appears to the court that—

i having previously been granted bail in criminal proceedings, the defendant has failed to surrender as required and, in view of that failure, the court believes that, if released on bail (with or without conditions), the defendant would fail to surrender to custody, or

ii the defendant was on bail on the date of the offence and the court is satisfied that there are substantial grounds for believing that, if released on bail (with or without conditions), the defendant would commit an offence while on bail;

b the defendant need not be granted bail if the court is satisfied that—

i there are substantial grounds for believing that, if released on bail (with or without conditions), the defendant would commit an offence while on bail by engaging in conduct that would, or would be likely to, cause physical or mental injury to some other person, or cause some other person to fear such injury,

ii the defendant should be kept in custody for his or her own protection or welfare, or

iii it has not been practicable, for want of time since the institution of the proceedings, to obtain sufficient information for the court to take the decisions required;

c the defendant need not be granted bail if in custody pursuant to

a sentence;

d the defendant need not be granted bail if, having been released on bail in the case on

a previous occasion, the defendant since has been arrested for breach of bail, and the court is satisfied that there are substantial grounds for believing that, if released on bail (with or without conditions), the defendant would fail to surrender to custody, would commit an offence, or would interfere with witnesses or otherwise obstruct the course of justice.

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 This is the text as originally made; later amendments are not shown here.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
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 (believes that, believing that).

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: believes that.

What would breach rule 19.17?

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 Criminal Procedure Rules 2012.
  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
2 July 2012
In force from
1 October 2012
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 2012 consolidate the Criminal Procedure Rules 2011, S.I. 2011/1709, with the amendments made by S.I. 2011/3075. 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. The rule that provided for the glossary is omitted and replaced by a note to rule 2.2. What was rule 2.5 (Representatives) is renumbered rule 2.4. The table of contents is amended correspondingly. Part 4 Rules 4.4(1), 4.5, 4.6, 4.7(2)(f) and 4.10(2)(c) are amended to clarify the requirements for service to be effective and to make consequential amendments. The table of contents is amended correspondingly. Part 6 Rule 6.1 is amended to describe more comprehensively the applications to which Part 6 applies. Rule 6.3 is amended to allow the court to determine an application without a hearing, subject to exceptions; and to require of the applicant a declaration of truth. Rule 6.5 is amended to require service on the court officer of documents used in an application made when the court office is closed. Rules 6.27 and 6.28 are added, to provide for local authority applications to magistrates’ courts for orders approving the authorisation of certain investigatory measures. Rules 6.2, 6.14(2)(c) and 6.16 are amended consequentially. The table of contents is amended correspondingly. Part 9 Rule 9.3 is amended to clarify the details a court must specify when sending a defendant for Crown Court trial. Rule 9.7 is amended to clarify the effect of a defendant’s indication of intended plea on being sent for Crown Court trial under that rule. Part 10 Rule 10.5(1) is amended to incorporate a reference to business days as defined in rule 2.2. Part 16 Rule 16.5 is amended to provide for appeals to the Crown Court about restrictions on reporting allegations against teachers. Rules 16.2(2) and 16.7(1) are amended consequentially. Part 18 Rules 18.2, 18.3(1)(a) and 18.4(1)(a) are amended to improve the consistency of expression within those rules. Rule 18.4(2)(a) is amended to bring up to date the cross-references it contains. Part 19 The Part is replaced. Part 20 The Part is omitted. Part 27 Rule 27.4(1) is amended to allow for the service of an authenticated copy witness statement. Part 34 Rule 34.2(1) is amended to require notice of an intention to introduce hearsay evidence under section 117(1)(c) of the Criminal Justice Act 2003 (evidence in a statement prepared for the purposes of criminal proceedings). Rule 34.3(2)(d) is amended to clarify the requirement to explain an objection to hearsay evidence. Part 37 Rules 37.4 and 37.5 are amended to provide separately for the introduction of oral evidence and all types of written hearsay evidence, respectively. The table of contents is amended correspondingly. Part 41 Rule 41.5(1), (2) is amended in consequence of the new rules in Part 19. Rules 41.11(4) and 41.12(1) are amended to omit the requirement for applications under those rules to be in a prescribed form. Part 42 Rule 42.2 is amended to provide for suspended sentence orders under which no additional requirements are imposed; to provide for notification of the person concerned where the court imposes a requirement for the protection of that person; and to make consequential amendments. The table of contents is amended correspondingly. Part 50 Rule 50.2(3)(b) is amended to clarify the circumstances in which a court is required to explain why a parenting order has not been made. Part 52 Rule 52.7(1)(a) is amended to improve the consistency of expression within that rule. Part 57 Rule 57.9 is amended to correct the paragraphing and improve the consistency of expression within that rule. What was rule 57.11(4) is renumbered rule 57.11(2) in consequence of the omission by S.I. 2011/3075 of what was rule 57.11(2), (3), and what were rules 57.13, 57.14 and 57.15 are renumbered 57.12, 57.13 and 57.14 respectively, in consequence of the omission by S.I. 2011/3075 of what was rule 57.12. The table of contents is amended correspondingly. Part 58 What was rule 58.12(4) is renumbered 58.12(2) in consequence of the omission by S.I. 2011/3075 of what was rule 58.12(2), (3). Part 63 Rule 63.1(d) is amended to provide for appeals to the Crown Court against parenting orders. Rules 63.2 and 63.4 are amended to provide for applications to suspend disqualifications pending appeal. Part 64 The Part is replaced. Amendments to notes to rules. The notes at the end of Part 3 and at the beginning of Part 10, and the notes to rules 2.4, 5.8, 6.1, 6.6, 6.14, 6.15, 6.16, 6.17, 6.18, 6.19, 8.1, 16.1, 16.5, 18.3, 18.4, 27.4, 33.6, 34.2, 36.2, 37.5, 42.2, 50.2, 55.2, 63.1 and 63.2, all are amended to bring up to date the cross-references they contain. These Rules come into force on 1st October 2012.

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 0.96.

Basis
the provision says a person “commits an offence”; the provision says the conduct is “punishable”
Confidence
0.96 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