Saving for other powers

paragraph 37.2(2) of SCHEDULE of The Family Procedure (Amendment No. 2) Rules 2014

Status not determined
Strict liability
Courts, police, prisons and the administration of justice

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 Nothing in this Part affects the power of the court to make an order requiring
a person—
a guilty of contempt of court; or
b punishable by virtue of any enactment as if that person had been guilty of contempt of the High Court,

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 This is the text as originally made; later amendments are not shown here.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 paragraph 37.2(2) 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.

Doing what the provision prohibits, or failing to do what it requires under the Family Procedure (Amendment No. 2) Rules 2014.

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.

Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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: 13 March 2014
In force from: 22 April 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

These Rules amend the Family Procedure Rules 2010 (S.I. 2010/2955) (“the FPR 2010”). The amendments made to the FPR 2010 by rules 3 to 44 of these Rules are made to reflect the creation of the family court, to insert a new Part 37, and to make some adjustments to the appeals rules in Part 30. Provision in respect of the family court is made in section 17 of, and Schedules 10 and 11 to, the Crime and Courts Act 2013 (c.22). The family court, and the High Court, have jurisdiction to deal with family proceedings. The jurisdiction formerly exercised by magistrates’ courts and county courts in relation to family proceedings, and enforcement of orders made in family proceedings, held by magistrates’ courts and county courts, is removed by provision in the Crime and Courts Act 2013. In particular, these Rules amend the following Parts of the FPR 2010 to reflect the coming into force of the family court— Part 2 (Application and interpretation); Part 9 (Applications for a financial remedy); Part 10 (Applications under Part 4 of the Family Law Act 1996); Part 11 (Applications under Part 4A of the Family Law Act 1996); Part 23 (Miscellaneous rules about evidence); Part 25 (Experts and assessors); Part 27 (Hearings and directions appointments); Part 29 (Miscellaneous); Part 30 (Appeals); Part 32 (Registration and enforcement of orders); Part 33 (Enforcement). In addition, these Rules insert into the FPR 2010 a new Part 37 to make freestanding provision in the FPR 2010 in relation to applications and proceedings in relation to contempt of court. These Rules also introduce a requirement to obtain permission to appeal from the decision of a District Judge (Magistrates’ Courts) and new time limits for filing an appellant’s notice and a respondent’s notice where there is an appeal or application for permission to appeal against a case management decision. Transitional and saving provision is made in rule 45. An impact assessment covering instruments being made to support the establishment of the family court accompanies the Explanatory Memorandum (which is available alongside this instrument at www.legislation.gov.uk).

Read the full note and every offence in this instrument

Other offences in the same instrument

Scopeparagraph 37.1(2) of SCHEDULE
Scopeparagraph 37.1(2) of SCHEDULE
Scopeparagraph 37.1(2)(b) of SCHEDULE
Saving for other powersparagraph 37.2(2) of SCHEDULE
Requirement for a penal notice on judgments and ordersparagraph 37.24(1) of SCHEDULE
Requirement for a penal notice on judgments and ordersparagraph 37.9(1) of SCHEDULE

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 0.60.

Basis: the provision says the conduct is “punishable”
Confidence: 0.60 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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Family Procedure (Amendment No. 2) Rules 2014 Every offence this instrument creates, and its explanatory note
Courts, police, prisons and the administration of justiceOther offences on the same subject
Offences created in 2014