UK Offence Report

Failure to comply with request for information

paragraph 4(1) of SCHEDULE of The Democratic People's Republic of Korea (European Union Financial Sanctions) Regulations 2013

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 A person commits an offence who—

a without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within

a reasonable time) to comply with any request made under this Schedule;

b knowingly or recklessly gives any information, or produces any document, which is false in

a material particular in response to such

a request;

c with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, conceals or removes any document; or

d otherwise intentionally obstructs the Treasury in the exercise of their powers under this Schedule.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally, knowingly, knowingly or recklessly, recklessly, with intent to).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly, intentionally, with intent to, recklessly, knowingly or recklessly; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

1 A person commits an offence who— a without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under this Schedule; b knowingly or recklessly gives any information, or produces any document, which i

What would breach paragraph 4(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. Refusing to let an inspector onto premises they are entitled to enter under the Democratic People's Republic of Korea (European Union Financial Sanctions) Regulations 2013.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

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
Revoked
Revoked by
The Democratic People's Republic of Korea (European Union Financial Sanctions) Regulations 2017 (revoked)
Revoked on
1 March 2017
Made
25 July 2013
In force from
16 August 2013
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations make provision relating to the enforcement of Council Regulation (EC) No. No. 329/2007 dated 27 March 2007 (OJ L 88, 29.3.2007, p.1) concerning restrictive measures against the Democratic People’s Republic of Korea (“DPRK”) (“the Council Regulation”). The measures include the freezing of funds and economic resources of designated persons and ensuring that funds and economic resources are not made available to them or for their benefit. They also include broader financial sanctions measures. The Council Regulation has been amended recently by Council Regulation (EU) No. 296/2013 of 26 March 2013 (OJ L 90, 28.3.2013, p.4) and Council Regulation (EU) No. xxx/2013 of xx June 2013 (OJ L xx, xx.6.2013, p.x). The amendments include changes to the asset-freezing provisions and the imposition of additional financial sanctions measures relating to the actions of credit and financial institutions and the sale or purchase of bonds. Regulation 2 defines designated persons as any person named in Annex IV, V or Va to the Council Regulation (as amended from time to time). Annex IV includes those persons listed by the United Nations Security Council, Annex V includes those persons listed by the Council of the European Union and Annex Va includes those persons working on behalf of or at the direction of a person listed in Annex IV or V or those persons assisting in the evasion of sanctions or violating the provisions of the Council Regulation. Regulations 3 to 7 provide prohibitions against dealing with the funds or economic resources of a designated person, or making funds or economic resources available, directly or indirectly, to or for the benefit of a designated person. Regulation 8 provides an exception to the prohibitions in regulations 4 and 5 where a frozen account is credited for a permitted reason. Regulation 9 provides a licensing procedure to enable funds and economic resources to be exempted from the prohibitions. Regulation 10 prohibits a credit or financial institution establishing or maintaining certain relationships with certain DPRK banks, or opening a representative office or establishing a branch in the DPRK. Regulation 11 prohibits the making of an agreement for or on behalf of certain DPRK banks to establish a representative office, branch or subsidiary in the European Union. Regulation 12 prohibits certain DPRK banks acquiring or extending an ownership interest in a credit or financial institution. Regulation 13 prohibits the sale or purchase of bonds to or from, the provision of brokering services in respect of bonds to, and the provision of any assistance to issue bonds to certain persons, entities or bodies linked to the DPRK. Regulation 14 makes it an offence to breach any of the prohibitions in regulations 3 to 7 and 10 to 13, or to seek to circumvent those provisions. Regulations 15 to 18 contain provision about penalties, proceedings and who, in relation to bodies corporate and other bodies, may be prosecuted for an offence under the Regulations. Regulation 22 revokes the Democratic People’s Republic of Korea (Asset-Freezing) Regulations 2011 which currently makes provision for penalties for contravention of the asset freezing measures contained in the Council Regulation. Regulation 23 provides that licences which were granted under those revoked Regulations continue to have effect for the purposes of these Regulations. The Schedule makes provision for information gathering and information disclosure. A list of designated persons is available on the Internet at: www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targets. An impact assessment has not been produced for this instrument as no impact on the costs of business or the voluntary sector is foreseen. Further information is available from Financial Sanctions, HM Treasury, 1 Horse Guards Road, London SW1A 2HQ and on the Treasury’s website (www.gov.uk/government/organisations/hm-treasury).

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