UK Offence Report

False statements

article 4(2) of The Invasive Alien Species (Enforcement and Permitting) Order 2019

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

2 A person who, for the purpose of the notice referred to in article 19(2), makes

a statement or representation which is false in

a material particular is guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
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; other provisions of the same instrument use a mens rea word while this one does not (the Cundy v Le Cocq contrast).

What would breach article 4(2)?

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 Invasive Alien Species (Enforcement and Permitting) Order 2019.
  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
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
Maximum prison (summary)
6 months
Maximum prison (on indictment)
2 years

'to a fine' with no stated maximum.

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

The Ministry of Justice records offences under this instrument against offence code 9898 — 09898 - TEW offences against the Invasive Alien Species (Enforcement and Permitting) Order 2019. That code may cover several provisions of the instrument, so a count against it is not a count of prosecutions under this provision alone.

No published per-offence figure was found for this provision. Offences created by statutory instrument very largely do not have their own code in the MoJ’s Outcomes by Offence data tool. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
7 March 2019
In force from
1 October 2019
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 gives effect to Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species (OJ No. L317, 4.11.2014, p.35) (the Principal Regulation). The Order has effect in relation to invasive alien species on the list of invasive alien species of Union concern adopted by the European Commission in accordance with the Principal Regulation is a reference to that list as amended from time to time (see the definition of “Union list” in article 2(1)). The Order extends to England and Wales, and the offshore marine area. Provisions relating to controls on imports into and exports from the United Kingdom (apart from provisions relating to civil penalties) also extend to Scotland and Northern Ireland (article 1). References to England, Wales, Scotland and Northern Ireland include the adjacent territorial sea (article 2). Part 2 of the Order contains criminal offences. It also reproduces a small number of existing offences contained in the Wildlife and Countryside Act 1981 (c. 69) that are disapplied by Part 9. Parts 3 and 4 contain defences and penalties, respectively. Part 5 contains enforcement provisions. The Order will be enforced by enforcement officers (which includes constables) and designated customs officials (article 21). Article 21 in Part 5 also designates the competent authorities who are responsible for the official controls to prevent the introduction of invasive alien species into the Union pursuant to Article 15 of the Principal Regulation. Part 6 provides for civil sanctions (article 34 and Schedule 3). The suite of sanctions available to the regulator (defined in paragraph 1 of Schedule 3) consists of compliance, restoration and stop notices, fixed and variable monetary penalties, as well as the ability to accept third party undertakings and enforcement undertakings. Part 7 provides for the issue of permits in accordance with Articles 8 and 9 of the Principal Regulation (article 35). Part 8 contains licensing provisions; licences may be granted for a number of different activities, provided specified conditions are met (article 36). Part 9 contains provisions ensuring that a person may not be convicted of both an offence under this Order and under other specified enactments by reason of the same act. Article 41 and Schedule 4 make consequential amendments and Article 42 contains a consequential revocation as a result of the Order. Part 10 contains a review provision. An impact assessment has not been produced for this instrument in relation to England, Scotland or Northern Ireland as no impact on the private or voluntary sector is foreseen. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government (Land, Nature and Forestry Division), Rhodfa Padarn, Llanbadarn Fawr, Aberystwyth, Ceredigion, SY23 3UR.

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 →

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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 is “guilty of 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