UK Offence Report

Offences related to an EU authorisation

article 8(1) of The Export Control (Libya Sanctions) Order 2016 (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

1 A person commits an offence and may be arrested where, for the purpose of obtaining an EU authorisation, that person—

a makes any statement or furnishes any document or information which to that person’s knowledge is false in

a material particular; or

b recklessly makes any statement or furnishes any document or information which is false in

a material particular.

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 This is the text as originally made; later amendments are not shown here.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, 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: recklessly, for the purpose of obtaining.

What would breach article 8(1)?

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. Entering a figure on a form or return that is known to be wrong under the Export Control (Libya Sanctions) Order 2016.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
20 July 2016
In force from
12 August 2016
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 provides for the enforcement of trade restrictions against Libya specified in Council Regulation (EU) No 2016/44 concerning restrictive measures against Libya (OJ No L 12, 19.1.2016, p.1) (the “Libya Regulation”). This Order revokes and replaces the Export Control (Libya) Order 2011 (S.I. 2011/825) and the Export Control (Liberia) Order 2011 (S.I. 2011/145). Articles 5 and 6 create offences for contravention of the trade restrictions in the Libya Regulation. Article 7 creates offences for the circumvention of the trade restrictions in the Libya Regulation. Article 8 supplements the provisions of the Libya Regulation that allow a competent authority to authorise activities that are otherwise prohibited. Article 8(1) makes it an offence knowingly and recklessly to provide false information for the purpose of obtaining an authorisation and Article 8(3) makes it an offence to fail to comply with authorisation requirements or conditions. Article 9 sets out the penalties relating to the offences in the Order. Article 10 provides for the ancillary provisions which apply to the enforcement of customs and excise legislation to apply to the enforcement of this Order. Article 11 omits Liberia from the list in Part 3 of Schedule 4 to the Export Control Order 2008 (S.I. 2008/3231) and inserts Liberia into the list in Part 4 of Schedule 4 to that Order. An impact assessment has not been produced for this instrument as it has no or minimal impact on business, charities or voluntary bodies. A copy of the Explanatory Memorandum is published alongside the Order on www.legislation.gov.uk. Further information is available from the Export Control Organisation, BIT, 1 Victoria Street, London SW1H 0ET and on the gov.uk website (www.gov.uk).

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 0.92.

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