UK Offence Report

Charges for vehicle release: appeals in Northern Ireland

article 22B(7)(j) of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 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

j to the effect that

a person who makes

a representation that is false in

a material particular, and does so recklessly or knowing it to be false, commits an offence triable summarily and punishable with

a fine not exceeding level

5 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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
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 (knowing it to be, 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: recklessly, knowing it to be.

What would breach article 22B(7)(j)?

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. On these words an offence is committed where a person makes a representation that is false in a material particular, and does so recklessly or knowing it to be false.
  2. Entering a figure on a form or return that is known to be wrong under the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012.
  3. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  4. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Not determined
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

in Northern Ireland a reference to a level is construed as referring to the standard scale as it currently stands (Fines and Penalties (NI) Order 1984 art.5(3)), not as it stood when the instrument was made.

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
17 October 2012
In force from
Not determined
Extent
N.I.

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 amends certain statutory provisions in consequence of, or for giving full effect to, the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010. That Order amends Schedule 3 to the Northern Ireland Act 1998 (“the 1998 Act”) so that certain policing and justice matters (as defined in section 4(6) of the 1998 Act) cease to be reserved matters and become transferred matters. Provision was made by Order in 2010 (S.I. 2010/976) to similar effect and this Order makes further provision. Article 3 transfers property and liabilities relating to records. Article 4 transfers a function under the Interpretation Act (Northern Ireland) 1954. Article 5 transfers a function under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. Article 6 amends the Judicial Pensions and Retirement Act 1993. Article 7 amends the Airports (Northern Ireland) Order 1994. Article 8 amends the Registration of Clubs (Northern Ireland) Order 1996. Article 9 amends the Immigration and Asylum Act 1999. Article 10 amends the Northern Ireland Act 1998 (Designation of Public Authorities) Order 2000. Article 11 transfers functions under the Police (Northern Ireland) Act 2003. Article 12 transfers functions under the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005. Articles 13 and 14 transfer functions under the Police and Justice Act 2006. Article 15 transfers functions under the Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007. Article 16 amends the UK Borders Act 2007. Article 17 amends the Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2009. Article 18 transfers functions under the Policing and Crime Act 2009. Article 19 transfers functions under the Bribery Act 2010. Article 20 amends the Constitutional Reform and Governance Act 2010. Article 21 transfers functions under the Corporation Tax Act 2010. Article 22 transfers functions under the Crime and Security Act 2010. Article 23 transfers functions under subordinate legislation and other instruments. Articles 24 to 29 contain transitional provisions. A full impact assessment has not been produced for this instrument as no impact on business or the voluntary sector is foreseen.

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”; the provision says the conduct is “punishable”
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