UK Offence Report

Providing or carrying restricted goods

article 7(2) of The Côte d’Ivoire (Sanctions) (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 It is an offence for

a relevant person to knowingly use

a ship, aircraft or vehicle falling within paragraph (3) for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Côte d’Ivoire to any destination in Côte d’Ivoire.

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 This is the text as originally made; later amendments are not shown here.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
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 (knowingly).

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: knowingly.

What would breach article 7(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 what the provision prohibits, or failing to do what it requires under the Côte d’Ivoire (Sanctions) (Overseas Territories) Order 2012.

Penalty

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

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
12 December 2012
In force from
9 January 2013
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 gives effect in specified Overseas Territories to sanctions in respect of Côte d’Ivoire adopted by the United Nations Security Council in resolutions 1572 (2004), 1643(2005), 1975 (2011) and 2045(2012). The Order reflects implementation of the sanctions by the European Union in Council Decision (EU) 2010/656/CFSP, as amended. The main provisions of the sanctions in respect of Côte d’Ivoire as reflected in this Order are: a prohibition in respect of the direct or indirect sale, supply or transfer to Côte d’Ivoire of arms and related materiel, or equipment which might be used for internal repression and a prohibition on the import of rough diamonds from Côte d’Ivoire; an asset freeze on persons who constitute a threat to the peace and national reconciliation in Côte d’Ivoire and other persons determined to be responsible for or who publicly incite hatred and violence, serious violations of human rights and international humanitarian law in Côte d’Ivoire as designated by the UN Security Council Committee established pursuant to resolution 1572 (2004) and a prohibition on making funds and economic resources available to such designated persons. This Order revokes the Ivory Coast (Restrictive Measures)(Overseas Territories) Order 2005 and the Ivory Coast (Restricted Measures)(Overseas Territories)(Amendment) Order 2006.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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