UK Offence Report

Amendment of the principal Order

article 4 of The Somalia (Sanctions) (Overseas Territories) (Amendment) Order 2020 (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

4 In article 7 (providing, importing or carrying restricted goods or charcoal)—

a in the heading, after “restricted goods” insert “, IED components”;

b after paragraph (1) insert— 1A It is an offence for

a person to knowingly sell, supply, transfer or export (directly or indirectly) IED components—

a to any person in Somalia, or

b for use in Somalia. ;

c in paragraph (3), after “restricted goods” insert “or IED components”.

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 This is the text as originally made; later amendments are not shown here.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
selling or supplying something the instrument restricts
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowingly).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly.

What would breach article 4?

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. On these words it is an offence to knowingly sell, supply, transfer or export (directly or indirectly) IED components— a to any person in Somalia, or b for use in Somalia.
  2. Selling the goods under the Somalia (Sanctions) (Overseas Territories) (Amendment) Order 2020 where the instrument prohibits the sale outright.
  3. Supplying without carrying out a check the instrument requires first, even where the sale would otherwise be lawful.
  4. Offering for sale counts as well as selling: displaying stock is enough where the provision reaches an offer.

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
11 March 2020
In force from
8 April 2020
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 amends the Somalia (Sanctions) (Overseas Territories) Order 2012 (S.I. 2012/3065), which gives effect in all Overseas Territories except Bermuda and Gibraltar (which implement sanctions through their own domestic legislation) to the sanctions regime established by the United Nations Security Council in respect of Somalia. This Order gives effect to amendments to the sanctions regime made by resolution 2498 (2019) which was adopted by the United Nations Security Council on 15th November 2019. It establishes a prohibition on the sale, supply, transfer or export of certain components for improvised explosive devices, and makes amendments to the related licensing and enforcement provisions. It also amends the article (namely, article 10) which provides for the Governor of a Territory to license certain activities in line with the updated exemptions and derogations relating to the arms embargo as provided for in resolution 2498 (2019). This Order reflects the implementation of those provisions by the European Union in Council Decision (CFSP) 2020/170 of 6 February 2020 and Council Regulation (EU) 2020/169 of the same date, which amend the provisions of Council Decision 2010/231/CFSP and Council Regulation (EC) No 147/2003 respectively. An Impact Assessment has not been prepared for this instrument because there is no, or no significant, impact on business in the United Kingdom.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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