UK Offence Report

Amendments to the Criminal Procedure Rules 2015

article 20(d)(iv) of The Criminal Procedure (Amendment) Rules 2018

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

Under sections 330, 331 and 332 in Part

7 of the 2002 Act

a person engaged in

a business in the regulated sector commits an offence where the conditions listed in any of those sections are met and that person does not disclose, in the manner required by the relevant section, knowledge or

a suspicion that another person is engaged in money laundering.

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 This is the text as originally made; later amendments are not shown here.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 article 20(d)(iv)?

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 Criminal Procedure (Amendment) Rules 2018.

Penalty

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

stated as £5000, but uncapped in England and Wales by LASPO 2012 s.85(1) ("£5,000 or more, however expressed") for offences committed on or after 12 March 2015.

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
31 January 2018
In force from
2 April 2018
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 Rules) — the explanatory note published with the instrument, © Crown copyright.

These Rules amend the Criminal Procedure Rules 2015, S.I. 2015/1490, as follows: Rule Amendment Part 3 Rule 3.1 is amended to include a reference to rule 3.27. Rule 3.21 is amended for consistency with section 5 of the Indictments Act 1915 (Orders for amendment of indictment, separate trial, and postponement of trial). Part 5 Rule 5.5 is amended to clarify the circumstances in which a person who transcribes a recording of proceedings in the Crown Court may not supply a transcript to a person requesting it. Rules 5.7 and 5.8 are amended to clarify their relationship with rule 5.5. Part 7 Rule 7.2 is amended to set out in detail the procedural requirements for an application to start a prosecution by summons or arrest warrant. Rules 7.3 and 7.4 are amended consequentially. Part 13 Rule 13.3 is amended for consistency with section 11 of the Magistrates’ Courts Act 1980 (Non-appearance of accused: general provisions), and in particular section 11(3A) which requires a defendant to be brought before the magistrates’ court after being sentenced in absence to imprisonment or detention before being taken to a prison or other institution. Part 19 Rule 19.4(e) is amended for consistency with section 127 of the Criminal Justice Act 2003 (Expert evidence: preparatory work), and in particular to require an expert witness to identify only those persons upon whose preparatory work the expert bases an opinion or inference. Part 22 The rules in the current Part are replaced with new rules that include a clearer time limit for applying to introduce sexual behaviour evidence and which include explicit provision requiring directions for the treatment and questioning of a witness about whom such evidence is due to be introduced. Part 23 Rule 23.2 is amended to specify the information and material that must be supplied to an advocate who is appointed by the court to cross-examine a witness where the defendant is prohibited from doing so, and to allow the advocate to apply if necessary for prosecution disclosure. Part 24 Rule 24.12 is amended to complement the amendment to rule 13.3. Part 25 Rule 25.14 is amended to prescribe the procedure on taking verdicts where the jury is due to return more than one verdict and reaches some before others. Part 36 A new rule 36.15 is added to prescribe the procedure where the Court of Appeal is asked to reopen a previous decision. Rule 36.6 is amended consequentially. Part 39 Rule 39.3 is amended to prescribe requirements for grounds of appeal that encourage clarity and concision. Part 41 Rule 41.2 is amended to remove from the Registrar of Criminal Appeals to the Attorney General the responsibility for notifying a defendant of an Attorney General’s reference or application to the Court of Appeal. Rules 41.3 to 41.8 are renumbered and amended consequentially. Part 46 Rule 46.2 is amended to require a defendant’s legal representative who withdraws from an extradition appeal case in the High Court to give specified information to the Administrative Court Office. Rule 46.3 is amended consequentially. Part 47 Rules 47.4, 47.13 and 47.20 are amended to provide for applications for further information orders made under amendments by the Criminal Finances Act 2017 to the other Acts to which those rules refer. Rule 47.9 is amended consequentially. Amendments to cross-references. The following rules, and notes to rules (‘n’), of the Criminal Procedure Rules are amended to make consequential and other corrections to the cross-references that they contain: 2.2, 10.2(n), 32.2, 36.3(n), 39.7(n), 42.6, 42.10, 47.33(n) and 47.62(n). In the preamble to the Criminal Procedure Rules 2015 the entry for rule 5.5 is added and the entry for Part 23 amended for the same purpose. These Rules come into force on 2nd April 2018.

Read the full note and every offence in this instrument

How this became law

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Neither House could have amended it. A statutory instrument is put to each House as a whole thing, to be approved or not; the Houses can reject an instrument or record their regret, but they cannot change a word of it. That is the constitutional position for every offence on this site.

The full procedural history →

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