UK Offence Report

Application to withhold information from the defendant

rule 14.22 of The Criminal Procedure Rules 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

Grounds for refusing to monitor and enforce a supervision measure imposed in another European Union member State Under Schedule 6 to the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, the grounds for refusal are— a the certificate requesting monitoring under the Framework Decision— i is incomplete or obviously does not correspond to the decision on supervision measures, and ii is not completed or corrected within a period specified by the court; b where the defendant subject to the decision on supervision measures is lawfully and ordinarily resident in England and Wales, the defendant has not consented to return there with a view to the supervision measures being monitored there under the Framework Decision; c where the defendant subject to the decision on supervision measures is not lawfully and ordinarily resident in England and Wales, the defendant— i has not asked for a request to be made for monitoring of the supervision measures under the Framework Decision by a competent authority in in England and Wales, or ii has asked for such a request to be made but has not given adequate reasons as to why it should be made; d the certificate includes measures other than those referred to in Article 8 of the Framework Decision (see the list above); e recognition of the decision on supervision measures would contravene the principle of ne bis in idem; f the decision on supervision measures was based on conduct that would not constitute an offence under the law of England and Wales if it occurred there (with the exception of some specified categories of offence); g the decision was based on conduct where, under the law of England and Wales— i the criminal prosecution of the conduct would be statute-barred, and ii the conduct falls within the jurisdiction of England and Wales; h the decision on supervision measures was based on conduct by a defendant who was under the age of 10 when the conduct took place; i the conduct on which the decision on supervision measures was based is such that— i if there was a breach of the supervision measures, and ii a warrant was issued by the issuing State for the arrest of the defendant subject to the decision the defendant would have to be discharged at an extradition hearing under the Extradition Act 2003; j it appears that the decision on supervision measures was in fact made for the purpose of punishing the defendant on account of the defendant’s race, ethnic origin, religion, nationality, language, gender, sexual orientation or political opinions.

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
an competent authority
Conduct
obstructing an official exercising a power
Fault element
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies (believing that) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

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

Classifier’s reasoning: no fault word in the offence-creating words, but the surrounding provision uses believing that - which element it governs was not determined.

What would breach rule 14.22?

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. Refusing to let an inspector onto premises they are entitled to enter under the Criminal Procedure Rules 2020.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

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

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
15 July 2020
In force from
5 October 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 Rules) — the explanatory note published with the instrument, © Crown copyright.

The Criminal Procedure Rules 2020: a consolidate the Criminal Procedure Rules 2015, S.I. 2015/1490, with the amendments made by S.I. 2016/120, 2016/705, 2017/144, 2017/282, 2017/755, 2017/915, 2018/132, 2018/847, 2019/143, 2019/1119 and 2020/32; and b include the further amendments listed beneath. Rule Amendment Part 2 Rule 2.1 is amended to provide for the transition to the Criminal Procedure Rules 2020 and temporarily to preserve the temporary amendments to the Criminal Procedure Rules 2015 made by the Criminal Procedure (Amendment No. 2) (Coronavirus) Rules 2020, S.I. 2020/417. Transitional provisions for extradition cases that were made by the Criminal Procedure Rules 2015 are omitted. Part 3 The rules in the Part are rearranged and augmented as listed beneath. Rule 3.8 is amended to substitute ‘speech disorder’ for ‘speech impediment’. A new rule 3.9 is added to provide for ground rules hearings. The table of contents is amended correspondingly. Part 4 Rule 4.1 is amended to define the expression ‘relevant court office’. Rules 4.3, 4.4, 4.5 and 4.6 are amended to require service on a court officer or on the Registrar of Criminal Appeals at the relevant court office. Rule 4.11 is amended to allow the service of an Attorney General’s sentencing reference by electronic means to have effect on the same business day if it is served on the Registrar by 5pm. Part 7 Rule 7.3 is amended to require a statement of the value, if known, of any theft or damage alleged where such value affects the exercise of a magistrates’ court’s powers. Part 9 Rule 9.5 is amended to require transmission to the Crown Court of a record of any decision by the defendant to choose to be tried in the Crown Court for low-level shoplifting. Rules 9.15 and 9.16 of the Criminal Procedure Rules 2015 are removed to Part 3. Part 10 Rule 10.2 is amended to refer to the inclusion in an indictment of a summary offence listed in section 40 of the Criminal Justice Act 1988. Part 18 Rule 18.9 is amended to provide for the giving of a special measures direction without an application. The table of contents is amended correspondingly. Part 24 Rule 24.14 of the Criminal Procedure Rules 2015 is removed to Part 3. Rules 24.17 and 24.18 of the Criminal Procedure Rules 2015 are removed to Part 44. The table of contents is amended correspondingly. Part 39 Rule 39.7 is amended to require information about a proposed witness corresponding with information required by rule 18.9. Part 44 The Part is replaced with the provision for reopening a case in a magistrates’ court formerly contained in rules 24.17 and 24.18 of the Criminal Procedure Rules 2015. Part 50 Rule 50.30 is amended by omitting superfluous references to the powers of court officers now conferred by rule 2.6. The rules in Part 3 of the Criminal Procedure Rules 2020 correspond with those of the Criminal Procedure Rules 2015 as follows: Destinations Derivations 2015 Rules 2020 Rules 2020 Rules 2015 Rules 3.1 3.1 3.1 3.1 3.2 3.2 3.2 3.2 3.3 3.3 3.3 3.3 3.4 3.4 3.4 3.4 3.5 3.5 3.5 3.5 3.6 3.6 3.6 3.6 3.7 3.7 3.7 3.7 3.8 3.15 3.8 3.9 3.9 3.8 3.9 New rule 3.10 3.12 3.10 3.28 3.11 3.13 3.11 3.29 3.12 3.14 3.12 3.10 3.13 3.21 3.13 3.11 3.14 3.22 3.14 3.12 3.15 3.23 3.15 3.8 3.16 3.24 3.16 3.27 3.17 3.25 3.17 24.14 3.18 3.26 3.18 24.14 3.19 3.27 3.19 9.15 3.20 3.28 3.20 9.16 3.21 3.29 3.21 3.13 3.22 3.30 3.22 3.14 3.23 3.31 3.23 3.15 3.24 3.32 3.24 3.16 3.25 3.33 3.25 3.17 3.26 3.34 3.26 3.18 3.27 3.16 3.27 3.19 3.28 3.10 3.28 3.20 3.29 3.11 3.29 3.21 9.15 3.19 3.30 3.22 9.16 3.20 3.31 3.23 24.14 3.17 & 3.18 3.32 3.24 3.33 3.25 3.34 3.26 Time limits in business days. The following rules and notes to rules are amended to substitute for time limits set by the Criminal Procedure Rules 2015 equivalent time limits expressed in business days: 3.14(2)(c), 3.15(1)(a), 3.17(2)(b), 3.20(3), 3.21(3), 3.24(5)(a), 3.24(5)(b), 5.7(6)(b), 5.7(6)(,), 6.5(4)(c), 9.16(2)(a), 9.16(3)(a), 9.16(4)(b), 10.4(2), 10.5(2)(b), 11.2(4)(b), 11.5(4), 11.7(3), 12.3(2)(b), 15.5(5)(b), 15.7(5)(a), 15.8(3), 16.4(4)(b), 16.4(4)(b)(ii), 16.4(4)(b)(iii), 17.5(4)(a), 18.3(a)(i), 18.3(a)(ii), 18.8(b), 18.13(2)(b), 18.14(b), 18.17(2)(b), 18.22(2)(b), 18.23(b), 18.26(2)(b), 19.3(2)(b), 20.2(3)(a), 20.2(3)(b), 20.3(2)(c), 21.3(3)(b), 21.3(4)(a), 21.3(5)(b), 21.4(3)(a), 21.4(3)(b), 21.4(4)(b), 21.4(5)(b), 22.2(1)(b), 22.4(1)(b), 22.6(2)(b), 22.7(2)(a), 22.7 note, 23.3(1)(b), 23.7(2)(b), 24.9(4), 24.9(5), 24.9(6), 24.17(2)(a), 27.5(2)(a), 29.5(2)(a), 29.6(6)(a), 30.10(3)(b), 30.10(4)(b), 31.2(2)(a), 31.5(5)(b), 31.7(2)(a), 31.7(4)(b), 31.8(2)(a), 31.8(3)(b), 34.2(2)(b), 34.2(5)(b), 34.6(2), 34.7(2)(b), 34.7(4), 35.2(3)(b), 35.2(5)(b), 35.3(3), 35.3(6)(b), 35.3(7), 36.5(2)(b), 36.5 note, 36.12(5)(a), 36.14(3)(c), 36.14 note, 39.2(1)(b), 39.2(1)(c), 39.4(1)(b), 39.6(4)(a), 39.6(4)(b), 39.7(2)(b), 39.10(3), 39.12(3)(b), 41.4(3)(a), 41.4(3)(b), 42.12(2), 42.16(5), 45.6(4)(,), 45.6(5)(b), 45.8(6)(b), 45.9(6)(b), 45.10(6)(b), 45.11(5)(b), 45.11(7)(a), 45.11(7)(b), 45.11(7)(c), 45.12(2)(a), 45.12(3)(a), 45.13(2)(b), 45.13(3)(b), 47.13(5)(a), 47.20(5)(a), 47.36(1)(b), 47.36(2), 47.40(2)(b), 47.45(2)(a), 47.50(2)(b), 48.2(2), 48.9(2)(b), 48.9(4)(b), 48.11(1)(b), 48.14(3), 48.14(4), 48.15(3), 48.15(4), 50.28(5)(a). Time limits to which the Rules refer but which are set by other legislation remain unchanged. Connectives expressing conjunction, disjunction and reservation. The following rules are amended to include connectives omitted from the Criminal Procedure Rules 2015: 2.4(1)(a), 2.4(2)(a), 2.6(5)(a), 2.6(7)(a), 2.7(2)(b), 2.7(6)(a), 2.8(2)(w), 2.8(4)(h), 2.8(5)(e), 2.8(6)(a), 2.8(7)(b), 2.8(8)(b), 2.8(9)(a), 2.8(10)(b), 2.8(11)(a), 2.9(2)(a), 3.9(5)(c), 3.12(a), 3.13(1)(b), 3.14(1)(b), 3.14(2)(b), 3.15(1)(a), 3.15(2), 3.17(1)(a), 3.17(2)(b), 3.19(1)(a), 3.23(4)(a)(i), 3.23(5)(a), 3.24(4)(b), 3.27(1)(a), 3.29(3)(b)(i), 4.3(4)(b), 4.4(3)(b), 4.7(1)(a), 4.7(2)(a), 4.9(1)(a), 5.5(2)(b), 5.5(4)(a), 5.7(3)(a), 5.7(4)(a), 5.7(4)(b)(ii), 5.7(6)(c), 5.7(9)(a), 5.8(1)(c), 5.8(3)(a), 5.8(9)(a), 5.8(11)(a), 5.9(3)(a), 6.1(1)(d), 6.3(1)(c), 6.4(1)(a), 6.4(3)(e), 6.5(3)(c), 6.7(3)(a), 6.9(5)(c), 6.10(2)(a), 7.1(1)(c), 7.2(12)(b), 8.3(a), 9.2(3)(a), 9.4(2)(b), 9.4(3)(b), 9.7(3)(b), 9.10(2)(d), 9.11(3)(b), 9.11(3)(c)(ii), 9.11(4)(b), 9.13(6)(b), 9.16(2)(b), 9.16(3)(a), 9.16(4)(a), 9.16(4)(b)(i), 9.16(5)(a), 10.1(d), 10.2(5)(a), 10.2(5)(b)(ii), 10.9(5)(a), 11.2(1)(b), 11.2(6)(a), 11.2(7)(a), 11.10(1)(a), 11.10(2)(a), 11.11(1)(a), 12.1(1)(a), 12.2(2)(a), 13.6(1)(c), 14.1(a), 14.2(1)(c), 14.3(2)(b), 14.4(2)(e), 14.4(5)(a), 14.6(1)(a), 14.6(7)(a), 14.6(8)(b), 14.7(1)(a), 14.7(6)(a), 14.7(7)(b), 14.9(4)(a), 14.13(1)(a), 14.14(1)(b), 14.16(2)(a), 14.17(2)(a), 14.17(4)(a), 14.19(1)(a), 14.19(2)(b), 14.20(2)(b), 14.20(4)(a), 14.22(3)(a), 15.1, 15.3(5)(a), 15.3(9)(a), 15.4(1)(a), 15.6(5)(a), 17.5(3)(b)(i), 17.7(b), 17.7(c), 18.1(e), 18.7(1)(a), 18.7(2)(a), 18.8(a), 18.10(g)(i), 18.13(4)(b), 18.14(a), 18.15(b), 18.18(1)(a), 18.18(2)(b), 18.23(a), 18.24(1)(c), 18.24(3)(b), 19.3(1)(a), 19.3(2)(b)(i), 19.3(3)(c), 19.3(4)(a), 19.9(5)(a), 20.1, 20.2(1)(c), 20.5(1)(b), 21.1, 21.2(1)(a), 21.6(1)(b), 22.1, 22.4(1)(a), 23.1(a), 23.2(2)(c), 23.2(3)(a), 23.2(7)(a)(vi), 23.3(1)(a), 24.1, 24.3(6)(b)(i), 24.4(4)(b), 24.8(3)(b), 24.9(3)(b), 24.9(4)(b), 24.9(8)(b), 24.9(10)(b), 24.11(4)(a), 24.11(10)(a), 24.12(3), 24.15(3)(a), 24.15(4)(a), 24.16(e)(i), 24.17(2)(a), 24.17(4)(b), 24.17(5)(c)(i), 24.18(2)(a), 24.18(5)(a), 25.1, 25.2(1)(b), 25.3(1)(a), 25.6(1)(a), 25.6(6)(a), 25.9(2)(c)(i), 25.10(2)(a), 25.11(2)(c)(i), 25.11(4)(c), 26.1(5)(c), 26.3(b)(iii), 26.3(b), 26.4(1)(a), 27.2(4)(b), 27.3(2)(a), 27.3(3)(c), 27.4(1)(a)(i), 27.4(1)(a), 27.4(2)(b), 27.4(3)(c)(ii), 27.5(3)(d)(iv), 27.6(3)(b), 28.1(1)(c), 28.4(2)(a), 28.4(5)(a), 29.1(2)(c), 29.3(2)(b)(i), 29.3(2)(b), 29.6(6)(a), 30.5(1)(a), 30.5(2)(c), 30.8(1)(b), 30.8(5)(a), 30.9(5)(a), 31.1(b), 31.2(2)(a), 31.3(1)(b), 31.3(5)(a), 31.3(6)(a), 31.9(1)(a)(ii), 31.9(4)(a), 31.10(2)(c), 33.13(2)(b), 33.13(4)(b), 33.13(5)(e), 33.14(1)(a), 33.14(3)(a)(i), 33.14(5)(a), 33.15(1)(b), 33.15(4)(a), 33.16(5)(a), 33.17(5)(a), 33.25(4)(b), 33.26(1)(b), 33.26(2)(a), 33.26(3)(b), 33.27(5)(a), 33.27(5)(b)(i), 33.28(1)(a), 33.28(4)(a), 33.29(4)(a), 33.30(5)(a), 33.31(1)(a), 33.31(2)(a), 33.31(3)(b), 34.1(1)(a)(iii), 34.2(3)(b), 34.4(2)(a)(viii), 34.10(c), 35.2(2)(d)(ii), 35.3(3)(a), 35.3(4)(c), 36.3(c), 36.5(2)(a), 36.14(3)(b), 36.14(5)(c), 36.15(1)(a), 37.3(2)(e)(ii), 37.5(5)(e)(i), 37.5(5)(e), 38.7(5)(e)(i), 38.7(5)(e), 39.2(1)(b), 39.2(2), 39.2(5)(b), 39.3(1)(e)(viii), 39.3(1)(e), 39.4(1), 39.6(6)(f)(v), 39.8(1)(a), 39.9(6)(a), 39.12(3)(a), 39.14(2)(a), 40.2(2)(a), 41.4(3)(a), 41.4(4)(e)(ii), 41.4(5)(c)(ii), 43.2(4)(b), 45.4(4), 45.4(6)(b), 45.6(1)(a), 45.7(1)(a), 45.8(4)(b), 45.9(4)(b), 45.10(4)(b), 45.11(7)(a), 45.13(2)(b)(i), 46.1(1)(b), 46.2(1)(b), 46.2(4)(a), 46.3(1)(a), 46.3(3)(h)(ii), 47.4(b)(ii), 47.4(c)(i), 47.4(d)(iv), 47.4(f), 47.6(2)(e), 47.17(2)(c), 47.20(5)(a), 47.24(a)(i), 47.24(b)(ii), 47.24(c), 47.30(4)(c), 47.31(5)(a), 47.32(4)(b)(iv), 47.32(5)(c)(i), 47.32(6)(b), 47.33(5)(a), 47.35(1)(a), 47.36(1)(a), 47.38(4)(c), 47.38(5)(b), 47.42(a), 47.46(a), 47.46(b)(i), 47.50(1)(a), 47.51(a), 47.53(1)(a), 47.55(1)(b)(ii), 47.59(1)(a)(i), 47.59(1)(a), 47.60(1)(b)(ii), 47.60(3)(a), 47.61(1)(a), 47.61(2)(c), 47.61(3)(j), 47.61(5)(a)(ii), 47.61(5)(a), 47.63(1)(b)(i), 47.65(3)(a), 47.67(1)(b)(ii), 47.68(1)(e), 47.69(1)(c), 48.2(1)(a), 48.5(1)(d), 48.6(2)(a), 48.9(1)(a), 48.16(3)(e), 49.10(2)(a), 49.11(4)(a), 49.11(7)(a), 49.12(2)(a), 49.12(3)(a), 49.12(6)(c)(iii), 49.13(2)(a), 49.13(5)(c)(iv), 49.14(2)(a), 49.14(2)(b), 49.14(2)(c)(i), 49.14(3)(b), 49.15(2)(a), 49.15(2)(b), 49.15(2)(c)(i), 49.15(3)(b), 49.16(1)(a), 49.17(1)(a)(ii), 49.17(1)(b), 49.17(2)(a), 49.17(5), 50.1(2)(a), 50.1(3)(a), 50.1(4)(a), 50.1(5)(b), 50.3(7)(b), 50.4(3)(a), 50.4(4)(a), 50.4(4)(b)(i), 50.4(6)(a)(ii), 50.6(2)(c)(i), 50.6(2)(f), 50.13(2)(j), 50.16(1)(a)(ii), 50.17(6)(c), 50.19(2)(a), 50.19(3)(b), 50.20(5)(a), 50.20(6)(a), 50.20(7)(a), 50.21(3)(a), 50.21(3)(b)(i), 50.21(4)(a)(ii), 50.22(1)(a), 50.22(5)(b), 50.23(3)(a)(ii), 50.23(3)(a), 50.23(4)(a), 50.24(3)(a), 50.25(4)(a), 50.26(b)(ii), 50.29(3)(d),50.32(4)(a)(ii) and 50.32(4)(a). Amendments to cross-references, etc. The following rules, and notes to rules (‘n’), are amended to bring up to date the cross-references they contain, both generally and in consequence of the re-arrangement of Part 3 of the Rules: 2.4, 2.8, 3.5(n), 3.13(n), 4.10, 5.4(n), 9.1, 10.1(n), 10.2, 10.2(n), 10.3, 10.4, 22.7, 23.2, 24.1(n), 24.15, 25.3(n), 25.4(n), 25.9(n), 28.4, 28.4(n), 28.8(n), 34.3(n), 36.2, 50.18. The glossary omits the expression ‘justices’ clerk’ which no longer appears in the Rules. These Rules come into force on 5th October 2020.

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 0.75.

Basis
the provision says the conduct “constitutes an offence”
Confidence
0.75 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.

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