UK Offence Report

Contravention and circumvention of prohibitions

article 21(2) of The Afghanistan (United Nations Measures) (Overseas Territories) Order 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

2 A person commits an offence who intentionally participates in activities knowing that the object or effect of them is (directly or indirectly)—

a to circumvent any of the prohibitions in articles

14 to 18, or

b to enable or facilitate the contravention of any such prohibition.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 (intentionally, knowing 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: intentionally, knowing that.

What would breach article 21(2)?

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. Doing the thing the provision prohibits under the Afghanistan (United Nations Measures) (Overseas Territories) Order 2012, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
3 months
Maximum prison (on indictment)
2 years

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
10 July 2012
In force from
7 August 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 Order) — the explanatory note published with the instrument, © Crown copyright.

The Order, made under the United Nations Act 1946, the St Helena Act 1833, the British Settlements Acts 1887 and 1945, and prerogative powers, gives effect to United Nations Security Council Resolution 1988 (2011) adopted on 17th June 2011. Resolution 1988 (2011) maintains in force the sanctions first imposed by resolution 1267 (1999) against the Taliban. In parallel the Security Council adopted resolution 1989 (2011) maintaining its previous sanctions against persons associated with Al-Qaida, but separating them out into a separate resolution. The effect of the Order is to continue, in the specified Overseas Territories, the asset freeze in respect of the Taliban and persons associated with them in constituting a threat to the peace, stability and security of Afghanistan as designated by the Security Council, and to prohibit funds being made available to such persons. It also prohibits the supply of military goods and technical assistance related to military activities to designated persons. The list of persons designated by the Security Council is to be found at http://www.un.org/sc/committees/1267/AQList.htm

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