UK Offence Report

Amendment of the principal Order

article 6(b) of The North Korea (United Nations Sanctions) (Amendment) (No. 3) Order 2017 (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

b after paragraph (2), insert—

3 Except under the authority of

a licence granted by the Secretary of State under this article,

a person (“P”) commits an offence if P provides insurance or reinsurance services to

a ship that P knows or has reasonable cause to suspect is owned, controlled or operated by North Korea.

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 This is the text as originally made; later amendments are not shown here.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. 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 6(b)?

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. Doing what the provision prohibits, or failing to do what it requires under the North Korea (United Nations Sanctions) (Amendment) (No. 3) Order 2017.

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
13 December 2017
In force from
10 January 2018
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

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

Articles 3 to 8 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 2375, adopted on 11th September 2017. Articles 8 and 10 also give effect to certain aspects of United Nations sanctions against North Korea by the United Nations Security Council in resolution 2371, adopted on 5th August 2017. This Order amends the offences related to carriage of goods to North Korea to broaden the goods to which the offences apply. They now include condensates and natural gas liquids, refined petroleum products, and crude oil, as defined in Council Regulation (EU) 2017/1509, as amended. It also extends the offences related to carriage of goods from North Korea to include textiles, also as defined in Council Regulation 2017/1509, as amended. This Order creates an offence relating to the facilitation of or engagement in ship-to-ship transfers concerning North Korean ships and items being transported to or from North Korea. This Order also creates offences relating to access to UK ports by ships owned, operated, crewed or flagged by North Korea, or vessels which refuse inspection for carriage of goods prohibited under the North Korea (United Nations Sanctions) Order 2009 (S.I. 2009/1749).

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