UK Offence Report

Amendments to the principal Order

article 12 of The Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2014 (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

Offences 4 It is an offence for a person to— a without reasonable excuse, refuse or fail 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 give any information, or produce any document, which is false in a material particular in response to such a request, c destroy, mutilate, deface, conceal or remove any document with intent to evade the provisions of this Schedule, or d otherwise intentionally obstruct a person in the exercise of that person’s 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 This is the text as originally made; later amendments are not shown here.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); absence of consent (an element).

The defence, as drafted

Offences 4 It is an offence for a person to— a without reasonable excuse, refuse or fail 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 give any information, or produce any document, which is fa

What would breach article 12?

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 Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2014.
  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 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
11 February 2014
In force from
11 March 2014
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 amends the Syria (Restrictive Measures) (Overseas Territories) Order 2012, as amended, (“the principal Order”). The principal Order gives effect in specified Overseas Territories to sanctions in respect of Syria adopted by the European Union in Council Decision 2011/782/CFSP adopted on 1st December 2011, as amended. This Order amends the principal Order to give effect to changes to the sanctions measures adopted by the European Union in Council Decision 2013/255 CFSP of 31 May 2013 as amended by Council Decision 2013/760/CFSP of 13 December 2013. This Order modifies the provisions relating to the import of restricted goods such that no offence will be committed where the import etc has been authorised by the Governor, with the consent of the Secretary of State. It also modifies the grounds on which the Governor may grant a licence authorising activity which would otherwise be prohibited by the asset freeze and introduces a new offence of importing, exporting, transferring stolen Syrian cultural property, or providing brokering services related to those activities. It replaces articles 19 to 24 and Schedule 5 of the principal Order with a new Schedule 5 containing updated provisions relating to evidence and information.

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