Extradition offences: person not sentenced for offence

paragraph 137(3) of SCHEDULE 3 of The Extradition Act 2003 (Overseas Territories) Order 2016

Status not determined
Strict liability
Set by another provision
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

3 The conditions in this subsection are that—
a the conduct occurs in the extradition territory;
b the conduct would constitute an offence under the law of the Territory punishable with imprisonment or another form of detention for
a term of
12 months or
a greater punishment if it occurred in the Territory;
c the conduct is so punishable under the law of the extradition territory.

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 This is the text as originally made; later amendments are not shown here.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 137(3) of SCHEDULE 3?

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 Extradition Act 2003 (Overseas Territories) Order 2016.

Penalty

Mode of trial: Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine: Not determined
Maximum prison (summary): Not determined

The instrument does not state a penalty itself. It sets one by reference to section 51 of Annex 1 to the International Criminal Court Act 2001.

penalty is that of the referenced enactment; not stated in this instrument.

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: 12 October 2016
In force from: 10 November 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 Order extends provisions of the Extradition Act 2003, with modifications, to all British overseas territories except Gibraltar (which has its own extradition legislation). For the purposes of this Order, all territories that are specified as category 1 territories and category 2 territories under the 2003 Act are designated as “extradition territories”, together with the United Kingdom, the Channel Islands and the Isle of Man, and all British overseas territories. The Order therefore makes provision for extradition between all these territories and the British overseas territories to which the Order extends. It also enables the list of “extradition territories” for the purposes of the Order to be varied in the future. The Order also makes provision for police powers in the context of extradition, and for further modifications to the 2003 Act as extended in cases where an extradition request involves more than one offence.

Read the full note and every offence in this instrument

Other offences in the same instrument

b the conduct would constitute an offence under the law of the Territory punishable with imprisonment or…paragraph 137(3)(b) of SCHEDULE 3
The conditions in this subsection are that— a the conduct occurs outside the extradition territory; b in…paragraph 137(4) of SCHEDULE 3
b in corresponding circumstances equivalent conduct would constitute an extra–territorial offence under the…paragraph 137(4)(b) of SCHEDULE 3
If the conduct constitutes an offence under the military law of the extradition territory but does not…paragraph 137(7) of SCHEDULE 3
If the conduct constitutes an offence under the military law of the extradition territory but does not…paragraph 137(7) of SCHEDULE 3
The conditions in this subsection are that— a the conduct occurs in the extradition territory; b the conduct…paragraph 138(3) of SCHEDULE 3
Power to request extradition to the Territoryparagraph 149A(4) of SCHEDULE 3
Power to request extradition to the Territoryparagraph 149A(4)(c) of SCHEDULE 3
Search and seizure warrantsparagraph 156(6) of SCHEDULE 3
Search and seizure warrantsparagraph 156(6)(a) of SCHEDULE 3
Requirements for making of production orderparagraph 158(2) of SCHEDULE 3
Requirements for making of production orderparagraph 158(2)(e) of SCHEDULE 3

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 0.75.

Basis: the provision says the conduct is “punishable”; the provision says the conduct “constitutes an offence”
Confidence: 0.75 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 Extradition Act 2003 (Overseas Territories) Order 2016 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 2016