Amendment of the North Korea Order

article 9 of The North Korea and Iran (United Nations Sanctions) (Amendment) Order 2016 (revoked)

Status not determined
Objective fault
International sanctions, export control and trade restrictions

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

9 After article 6, insert— Leasing, chartering or provision of crew services 6A Except under the authority of a licence granted by the Secretary of State under this article, a person (“P”) commits an offence if P leases or charters a ship or aircraft, or provides crew services, with knowledge or reasonable cause to suspect that the lease, charter or provision of crew services is to— a North Korea; b a person listed in Annex IV to the Council Regulation; or c any person acting on behalf of, or at the direction of, North Korea or a person listed in Annex IV to the Council Regulation.

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 This is the text as originally made; later amendments are not shown here.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: Objective fault
Burden of proof: No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened and that it fell below the standard the provision sets (knowingly). That is an objective test - what a reasonable person in the same position would have done, not what this defendant actually thought.

What a person personally believed or intended is not the question; the standard is what was reasonable.

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

Classifier’s reasoning: objective standard in the offence-creating words: reasonable cause to suspect.

What would breach article 9?

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 North Korea and Iran (United Nations Sanctions) (Amendment) Order 2016.

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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Fraud, bribery and money laundering offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 October 2014
Covers fraud, false accounting, bribery and money laundering, including offences committed by organisations.
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: 16 November 2016
In force from: 14 December 2016
Extent: E+W+S+NI

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

Articles 3 to 19 of this Order amend the North Korea (United Nations Sanctions) Order 2009 (S.I. 2009/1749), as amended, giving effect to certain aspects of further United Nations sanctions imposed against North Korea by the United Nations Security Council in resolution 2270, adopted on 2nd March 2016. In particular, this Order amends the offences related to carriage of goods to and from North Korea, and broadens the categories of goods to which offences apply. It also broadens the offences under the Order in relation to supplying services to North Korean ships. New offences are created in respect of leasing, chartering or provision of crew services, registration of ships, and access to ports. Articles 21 and 22 of this Order make minor amendments to provisions of the Iran (United Nations Sanctions) Order 2009 (S.I. 2009/886), which were inserted by S.I. 2016/378. As these articles rectify omissions in S.I. 2016/378, this Order is being issued free of charge to recipients of S.I. 2016/378.

Read the full note and every offence in this instrument

Other offences in the same instrument

In article 9(1), for “in contravention of article 3(1) or 5(1)” substitute “to commit an offence under…article 12
In article 10(1), for “in contravention of article 3(1) or 5(1)” substitute “to commit an offence under…article 13
If an authorised officer identifies on the ship any goods the carriage of which to North Korea constitutes…article 17
Use of ships, aircraft and vehicles: carriage of goods to North Koreaarticle 3(1)
Use of ships, aircraft and vehicles: carriage of goods to North Korea 3 1 Except under the authority of a…article 5
Use of ships, aircraft and vehicles: carriage of goods from North Koreaarticle 5(1)
Services to North Korean shipsarticle 6(1)
Services to North Korean shipsarticle 6(2)
Services to North Korean shipsarticle 6(2)
Leasing, chartering or provision of crew servicesarticle 6A
Registration of shipsarticle 6B
Access to portsarticle 6C(1)

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The North Korea and Iran (United Nations Sanctions) (Amendment) Order 2016 (revoked) Every offence this instrument creates, and its explanatory note
International sanctions, export control and trade restrictionsOther offences on the same subject
Offences created in 2016