UK Offence Report

Appeal against recognition of foreign driving disqualification

rule 55.5 of The Criminal Procedure Rules 2013 (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 section

63 of the 2003 Act, it is an offence for

a person to whom the Minister gives

a notice under section

57 not to surrender any licence that he or she holds, within the same period as for an appeal.]

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 This is the text as originally made; later amendments are not shown here.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 rule 55.5?

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 it is an offence to whom the Minister gives a notice under section 57 not to surrender any licence that he or she holds, within the same period as for an appeal.
  2. Doing what the provision prohibits, or failing to do what it requires under the Criminal Procedure Rules 2013.

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
19 June 2013
In force from
7 October 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 Rules) — the explanatory note published with the instrument, © Crown copyright.

The Criminal Procedure Rules 2013 consolidate the Criminal Procedure Rules 2012, S.I. 2012/1726, with the amendments made by S.I. 2012/3089. 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) and (4) are amended, to provide for the transition to these new rules. Part 3 Rule 3.8(3) is amended to require the defendant to give notice of the identity of the intended defence trial advocate. Part 4 Rule 4.2(2) is amended to clarify the nature of the obligation imposed. Part 5 Rule 5.7 is amended to supply the procedure on an application for information from court records by a person affected by an order made or a warrant issued (for example, a search warrant) in that person’s absence. Rules 5.1, 5.7(5) and 5.8(5) and (7) are amended to clarify the nature of the obligations imposed. Part 6 Rule 6.1 is amended to extend the scope of Part 6 to an application to a justice of the peace for a search warrant, and to an application or appeal concerning the retention of fingerprints, samples and DNA profiles by the police. Rules 6.2(c) and 6.5 are amended in consequence. Rules 6.29 to 6.33 are added to govern the procedure on an application for a search warrant. Rules 6.34 to 6.36 are added to govern the procedure on fingerprint, etc. retention applications and appeals. The Part title and table of contents are amended correspondingly. Rules 6.3(1)(a), 6.12(4)(a), 6.21(4)(a) and 6.23(1)(a) and (2)(a) are amended to clarify the nature of the obligations imposed. Part 9 Rule 9.16 is added to supply the procedure on an application to dismiss a charge sent to the Crown Court for trial, in substitution for the rules formerly in Part 13. The table of contents is amended correspondingly. Part 10 The rules about committal for trial, formerly in this Part, are omitted. The rules about initial details of the prosecution case, formerly in Part 21, are removed to this Part. Part 11 The Part is omitted. Part 13 The Part is omitted. Part 15 Rule 15.4(4)(a) and (5)(a) are amended to clarify the nature of the obligations imposed. Part 16 Rule 16.6(6)(a) and (7)(a) are amended to clarify the nature of the obligations imposed. Part 17 The Part is replaced. Part 19 Rule 19.4(4) is added to include in the list of information that the magistrates’ court officer must give the defendant where bail is withheld a statutory certificate that the court heard full argument. Rule 19.8(3) is amended to require the defendant to pass that certificate to the Crown Court officer on making an application under that rule. Rule 19.9(6) is amended to remove the requirement for the Crown Court officer to send information to the High Court on a prosecutor’s appeal against a grant of bail from the Crown Court to the High Court. Part 21 The rules about initial details of the prosecution case, formerly in this Part, are removed to Part 10. Part 22 Rules 22.3(6)(a) and (7)(a) and 22.6(6)(a) and (7)(a) are amended to clarify the nature of the obligations imposed. Part 29 Rules 29.12(4)(a), 29.18(1)(a) and 29.19(3)(a) are amended to clarify the nature of the obligations imposed. Part 32 Rule 32.10(2)(a) is amended to clarify the nature of the obligation imposed. Part 34 Rule 34.4(2) is amended to clarify the nature of the obligation imposed. Part 37 Rules 37.10(5)(c) and 37.11(3) are amended to clarify the nature of the obligations imposed. Part 41 Rules 41.8(2), 41.12(3) and 41.13(2) are amended to remove typographical errors. Part 42 Rule 42.11(2) is amended to clarify the prosecutor’s obligations on applying for a sentence review. Part 50 Rule 50.3 is amended to require that a draft of any proposed sexual offences prevention order must be served not less that 2 business days before the hearing at which the order may be made. The table of contents is amended correspondingly. Part 52 Rules 52.4(3), 52.6(4)(a) and 52.10(4)(a) are amended to clarify the nature of the obligations imposed. Part 55 Rule 55.5(7) is amended to clarify the nature of the obligation imposed. Part 60 Rule 60.7(6) is amended to clarify the nature of the obligation imposed. Part 61 Rules 61.15(1) and 61.19(3) are amended to clarify the nature of the obligations imposed. Part 62 Rules 62.8(3) and 62.10(3) are amended to clarify the nature of the obligations imposed. Part 75 Rule 75.3(2) is amended to clarify the nature of the obligation imposed. Rule 75.4 is omitted. The table of contents is amended correspondingly. Part 76 Rules 76.2(6), 76.4(5), 76.5(3), 76.9(7) and 76.10(7) are amended to clarify the nature of the obligations imposed. Amendments to notes to rules. The notes at the end of Part 3 and at the end of Part 19, and the notes to rules 5.4, 5.8, 5.9, 6.1, 9.1, 9.3, 9.5, 9.6, 9.7, 14.1, 16.1, 19.6, 19.7, 19.9, 19.16, 50.3, 55.2 and 68.11, all are amended to bring up to date the cross-references they contain. The Glossary entries for ‘committal proceedings’, ‘estreatment’, ‘examining justices’ and ‘notice of transfer’ are removed. Those expressions no longer appear in the Rules. These Rules come into force on 7th October 2013.

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