UK Offence Report

Requirement for a penal notice on judgments and orders

paragraph 81.9(1) of SCHEDULE of The Civil Procedure (Amendment No.2) Rules 2012

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 Subject to paragraph (2),

a judgment or order to do or not do an act may not be enforced under rule 81.4 unless there is prominently displayed, on the front of the copy of the judgment or order served in accordance with this Section,

a warning to the person required to do or not do the act in question that disobedience to the order would be

a contempt of court punishable by imprisonment,

a fine or sequestration of assets.

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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach paragraph 81.9(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. Doing what the provision prohibits, or failing to do what it requires under the Civil Procedure (Amendment No.2) Rules 2012.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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 August 2012
In force from
Not determined
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.

These Rules amend the Civil Procedures Rules 1998 (SI 1998/3132) (“the Rules”) by— in Part 26 (case management – preliminary stage), providing that the court will make such order as it considers appropriate where a party fails to file an allocation questionnaire by the specified date as well as providing for the automatic transfer of proceedings in those cases where a claim is a designated money claim issued in Northampton County Court. In addition, provision is made as regards the orders for costs that may be made in these circumstances; in Part 27 (the small claims track), providing for the recovery of the costs of obtaining transcripts in appeals from the small claims track from another party to the proceedings, as well as omitting an incorrect reference to Rule 27.14(3)(d) in that Part; in Parts 40 (judgments, orders, sale of land etc.), 52 (appeals), 76 (proceedings under the Prevention of Terrorism Act 2005), 79 (proceedings under the Counter-Terrorism Act 2008) and 80 (proceedings under the Terrorism Prevention and Investigation Measures Act 2011), making amendments consequential on the replacement of Practice Direction 52, supporting Part 52 by a new set of Practice Directions 52A to 52E; in Part 52 (appeals), extending to High Court Judges, Designated Civil Judges and Specialist Circuit Judges the power which currently enables the Court of Appeal when refusing permission to appeal without a hearing, and where the application is considered to be totally without merit, to make an order that the person seeking permission may not request the decision to be reconsidered at a hearing. “Specialist Circuit Judge” is also defined; in Part 54 (judicial review and statutory review), providing for the delegation of specified judicial powers to qualified barristers and solicitors working in the Administrative Court Office in Parts 52 and 54, establishing a procedure in respect of applications for judicial review of non-appealable decisions of the Upper Tribunal, following the Supreme Court’s judgment in Cart; in Part 63 (intellectual property claims), providing for a small claims track in a patents county court; inserting new Part 81 (applications and proceedings in relation to contempt of court), which replaces the existing procedural rules in relation to contempt of court and, in particular, those rules found in RSC Order 52 (committal) and CCR Order 29 (committal for breach of order or undertaking); and in consequence of the introduction of new Part 81— amending Parts 31 (disclosure and inspection of documents), 32 (evidence), 65 (proceedings relating to anti-social behaviour and harassment) and 71 (orders to obtain information from judgment debtors) and RSC Orders 45 (enforcement of judgments and orders: general) and 46 (writs of execution: general) in Schedule 1 to the Rules; omitting RSC Orders 52 (committal), 64 (sittings, vacations and office hours) and CCR Orders 29 (committal for breach of order or undertaking) and 34 (penal and disciplinary provisions) in Schedules 1 and 2 to the Rules respectively; and inserting in the glossary to the Rules a definition of “Divisional Court”.

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 0.60.

Basis
the provision says the conduct is “punishable”
Confidence
0.60 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