UK Offence Report

Amendments to the Criminal Procedure Rules 2014

article 5 of The Criminal Procedure (Amendment) Rules 2015

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

5 In Part 6 (Investigation orders and warrants)— a in rule 6.1 (When this Part applies)— i for paragraph (2) substitute— 2 Sections 2 and 4 of this Part apply where, for the purposes of an investigation to which Part 8 of the Proceeds of Crime Act 2002 or the Proceeds of Crime Act 2002 (External Investigations) Order 2014 applies, a Crown Court judge can make, and the Crown Court can vary or discharge— a a production order, under sections 345 and 351 of the 2002 Act or under articles 6 and 12 of the 2014 Order; b an order to grant entry, under sections 347 and 351 of the 2002 Act or under articles 8 and 12 of the 2014 Order; c a disclosure order, under sections 357 and 362 of the 2002 Act or under articles 16 and 21 of the 2014 Order; d a customer information order, under sections 363 and 369 of the 2002 Act or under articles 22 and 28 of the 2014 Order; e an account monitoring order, under sections 370, 373 and 375 of the 2002 Act or under articles 29, 32 and 34 of the 2014 Order. , ii in sub-paragraph (b) of the first paragraph of the note to the rule, for ‘an investigation under Part 8 of the Proceeds of Crime Act 2002’ substitute ‘an investigation to which Part 8 of the Proceeds of Crime Act 2002 or the Proceeds of Crime Act 2002 (External Investigations) Order 2014 applies’, iii for the sixth paragraph of the note to the rule substitute— Under section 343 of the Proceeds of Crime Act 2002— a any Crown Court judge may make an order to which Section 4 of this Part applies for the purposes of a confiscation investigation, a money laundering investigation or (when the Policing and Crime Act 2009 comes into force) a detained cash investigation; b only a High Court judge may make such an order for the purposes of a civil recovery investigation, an exploitation proceeds investigation or (until the Policing and Crime Act 2009 comes into force) a detained cash investigation (and these rules do not apply to an application to such a judge in such a case). , and iv in sub-paragraph (b) of the seventh paragraph of the note to the rule, for ‘sections 351, 362, 369 and 375’ substitute ‘sections 351, 362, 369, 375 and 446’; b rename Section 4, ‘Orders under the Proceeds of Crime Act 2002 etc.’; c rename rule 6.14, ‘Application for an order under the Proceeds of Crime Act 2002 etc.’ and in the rule so renamed— i for paragraph (2)(d) substitute— d in the case of an investigation in the United Kingdom, explain why the applicant thinks that— i the person under investigation has benefited from criminal conduct, in the case of a confiscation investigation, or committed a money laundering offence, in the case of a money laundering investigation, or ii the cash involved is property obtained through unlawful conduct, or is intended to be used in unlawful conduct, in the case of a detained cash investigation; , ii after paragraph (2)(d) insert— e in the case of an investigation outside the United Kingdom, explain why the applicant thinks that— i there is an investigation by an overseas authority which relates to a criminal investigation or to criminal proceedings (including proceedings to remove the benefit of a person’s criminal conduct following that person’s conviction), and ii the investigation is into whether property has been obtained as a result of or in connection with criminal conduct, or into the extent or whereabouts of such property; , and iii renumber paragraphs (2)(e) and (f) accordingly; d in the note to rule 6.15 (Content of application for a production order)— i for the first sentence substitute ‘See sections 345 to 350 of the Proceeds of Crime Act 2002 and articles 6 to 11 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014.’, and ii for the second sentence substitute ‘A Crown Court judge may make a production order for the purposes of a confiscation investigation, a money laundering investigation or (when the Policing and Crime Act 2009 comes into force) a detained cash investigation.’; e in the note to rule 6.16 (Content of application for an order to grant entry), for the first sentence substitute ‘See section 347 of the Proceeds of Crime Act 2002 and article 8 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014.’; f in the note to rule 6.17 (Content of application for a disclosure order), for the first sentence substitute ‘See sections 357, 358 and 361 of the Proceeds of Crime Act 2002 and articles 16, 17 and 20 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014.’; g in the note to rule 6.18 (Content of application for a customer information order), for the first sentence substitute ‘See sections 363, 364, 365 and 368 of the Proceeds of Crime Act 2002 and articles 22, 23, 24 and 27 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014.’; h in the note to rule 6.19 (Content of application for an account monitoring order), for the first sentence substitute ‘See sections 370, 371 and 374 of the Proceeds of Crime Act 2002 and articles 29, 30 and 33 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014.’; i in rule 6.22 (Application to punish for contempt of court)— i for paragraph (1) substitute— 1 This rule applies where a person is accused of disobeying— a a production order made under section 345 of the Proceeds of Crime Act 2002 or article 6 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014; or b an account monitoring order made under section 370 of the 2002 Act or article 29 of the 2014 Order. , ii for the second sentence of the note to the rule substitute ‘See sections 351(7) and 375(6) of the Proceeds of Crime Act 2002, articles 12(6) and 34(5) of the Proceeds of Crime Act 2002 (External Investigations) Order 2014 and section 45 of the Senior Courts Act 1981.’, iii for the third sentence of the note to the rule substitute ‘Disobedience to a disclosure order or to a customer information order is an offence: see sections 359 and 366 of the 2002 Act and articles 18 and 25 of the 2014 Order.’, and iv for the fourth sentence of the note to the rule substitute ‘Under section 342 of the 2002 Act and under article 5 of the 2014 Order, subject to the exceptions for which those provide it is an offence to make a disclosure likely to prejudice an investigation or to interfere with documents relevant to it.’; and j amend the table of contents correspondingly.

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
an overseas authority
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 an overseas authority 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 article 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 make a disclosure likely to prejudice an investigation or to interfere with documents relevant to it.
  2. Doing what the provision prohibits, or failing to do what it requires under the Criminal Procedure (Amendment) Rules 2015.

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
7 January 2015
In force from
Not determined
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.

These Rules make the following amendments to the Criminal Procedure Rules 2014, S.I. 2014/1610: Rule Amendment Part 3 Rules 3.9 and 3.13 are amended to provide for a ‘ground rules hearing’ at which the court may give directions for the appropriate treatment and questioning of, in particular, a vulnerable witness or defendant. Part 6 Rules 6.1, 6.14, 6.15, 6.16, 6.17, 6.18, 6.19 and 6.22 are amended to provide for (i) applications for investigation orders under the Proceeds of Crime Act 2002 (External Investigations) Order 2014 and (ii) applications to Crown Court judges for production orders in detained cash investigations, when section 66 of the Policing and Crime Act 2009 comes into force. Part 14 Rules 14.1 and 14.2 are amended to omit references to committal for trial, following the abolition of that procedure. Part 17 Rule 17.21(4) is amended to clarify and correct two sub-paragraphs. Part 39 Rule 39.1 is amended to correct a reference to the county court. Part 50 The Part is renamed and rules 50.1, 50.2, 50.4 and 50.5 are amended (i) to define the scope of the Part, (ii) to omit references to drinking banning orders, which have been repealed, and (iii) to provide for applications to vary orders by the Director of the Serious Fraud Office. Part 52 Rules 52.1, 52.7, 52.8 and 52.9 are amended to provide for applications made under regulations that supplement the Tribunals, Courts and Enforcement Act 2007. Part 58 Rules 58.1 to 58.11 are amended to incorporate procedures required by the Proceeds of Crime Act 2002 and to include notes to the rules. Rules 58.13 to 58.15 are added to provide for applications and appeals under sections 67A to 67D of the Proceeds of Crime Act 2002, when they come into force. Part 59 The Part is renamed and rules 59.7 to 59.11 are added to provide for applications and appeals under sections 47A to 47S of the Proceeds of Crime Act 2002, when they come into force. Part 63 A new rule 63.7 is added to require notice when further evidence is to be introduced on an appeal to the Crown Court from a magistrates’ court. Part 76 Rule 76.11 is amended to provide for some costs assessments under that rule to be carried out by any member of the staff of the Lord Chancellor. The amendments to Parts 6, 17, 39, 52 and 76, and to the preamble, come into force on 2nd February 2015 and the other changes made by these Rules come into force on 6th April 2015.

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