UK Offence Report

Licences granted by the Governor

article 6(10) of The Liberia (Sanctions) (Overseas Territories) Order 2015 (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

10 It is an offence for

a person to knowingly or recklessly make any statement or give any document or information which is false in

a material particular for the purpose of obtaining

a licence.

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

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

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly, recklessly, for the purpose of obtaining, knowingly or recklessly.

What would breach article 6(10)?

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 knowingly or recklessly make any statement or give any document or information which is false in a material particular for the purpose of obtaining a licence.
  2. Entering a figure on a form or return that is known to be wrong under the Liberia (Sanctions) (Overseas Territories) Order 2015.
  3. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  4. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
6 months
Maximum prison (on indictment)
6 months

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 November 2015
In force from
10 December 2015
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 gives effect in specified Overseas Territories to sanctions imposed on Liberia by the United Nations Security Council, most recently renewed by resolution 2237 (2015) of 2nd September 2015. This Order also reflects the implementation of these sanctions by the European Union in Council Decision (CFSP) 2015/1782 and Council Regulation (EU) 2015/1776, both adopted on 5th October 2015. Council Regulation (EU) 2015/1776 repealed Council Regulation (EC) No. 872/2004 of 29th April 2004. Council Decision (CFSP) 2015/1782 amended Council Common Position 2008/109/CFSP of 12th February 2008. This Order revokes and replaces the Liberia (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012, the Liberia (Restrictive Measures) (Overseas Territories) (Amendment No. 2) Order 2007, the Liberia (Restrictive Measures) (Overseas Territories) (Amendment) Order 2007, the Liberia (Restrictive Measures) (Overseas Territories) (Amendment) Order 2004 and the Liberia (Restrictive Measures) (Overseas Territories) Order 2004. United Nations Security Council resolution 2237 (2015) of 2nd September 2015 renewed the arms embargo against non-governmental persons in Liberia for a further period of nine months from the date of adoption of that resolution and terminated the travel and financial measures set forth in United Nations Security Council resolutions 1532 (2004) of 12th March 2004 and 1521 (2003) of 22nd December 2003. The Order makes provision for the Governor to license certain activities in line with exemptions under the sanctions regime.

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