Amendment of the principal Order

article 10 of The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2017 (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

Use of real property 10S

1 A person (“P”) commits an offence if P leases or otherwise makes available, directly or indirectly, real property to the Government of North Korea, where P knows or has reasonable cause to suspect that the property is to be used for any purpose other than the official purposes of

a diplomatic mission or consular post.

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 This is the text as originally made; later amendments are not shown here.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

failing to do something the instrument requires

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 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. Not doing what the provision requires under the Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2017, by the time it requires it to be done.
2. Doing it, but not in the manner or to the standard the instrument specifies.

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

8 March 2017

In force from

5 April 2017

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.

United Nations and European Union sanctions against the Democratic People’s Republic of Korea are given effect in specified Overseas Territories in the Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2012 (S.I. 2012/3066), as amended. This Order makes amendments to implement sanctions most recently adopted by the United Nations Security Council in resolution 2321 (2016) and reflected in Council Decision (CFSP) 2017/345 of 27 February 2017 amending Council Decision 2016/849/CFSP and Council Regulation 2017/330 amending Council Regulation (EC) No 329/2007.

Read the full note and every offence in this instrument

Other offences in the same instrument

• Provision of financing or financial assistance for trade with North Korea 10Q 1 A person (“P”) commits an…article 10
• Provision of bank accounts 10R 1 A person (“P”) commits an offence if P provides a new bank account to, or…article 10
• Procurement of vessel or aircraft crew services from North Koreaarticle 10KA
• Provision of financing or financial assistance for trade with North Koreaarticle 10Q(1)
• Provision of bank accountsarticle 10R(1)
• Use of real propertyarticle 10S(1)
• Use of real propertyarticle 10S(2)
• Use of real propertyarticle 10S(3)
• A person (“P”) commits an offence if P fails to comply with a direction given by the Governor under…article 7
• Offences related to the leasing, chartering, insuring and registering of vessels and the provision of crew…article 8
• A person (“P”) commits an offence if P provides insurance or re-insurance services to a vessel that P knows,…article 8(b)
• Procurement of vessel or aircraft crew services from North Korea 10KA A person (“P”) commits an offence if P…article 9

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 Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2017 (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 2017