UK Offence Report

Amendments to the Criminal Procedure Rules

article 13(c)(iv) of The Criminal Procedure (Amendment) Rules 2021

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

A person commits an offence if, without reasonable excuse, that person fails to comply with such

a requirement, whether by providing false or incomplete information or by providing no information. ; and

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 This is the text as originally made; later amendments are not shown here.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
An element of the offence, for the prosecution to prove

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.

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

A person commits an offence if, without reasonable excuse, that person fails to comply with such a requirement, whether by providing false or incomplete information or by providing no information. ; and

What would breach article 13(c)(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. Entering a figure on a form or return that is known to be wrong under the Criminal Procedure (Amendment) Rules 2021.
  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
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 January 2021
In force from
Not determined
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 2020, S.I. 2020/759, as follows: Rule Amendment Part 1 Rule 1.1 is amended to include the treatment of participants with politeness and respect as part of the overriding objective of the Rules. Part 3 Rule 3.3 is amended to require the parties to alert the court (i) to any impediment to the defendant’s effective participation, and (ii) to any family proceedings related to the criminal case. Rule 3.5 is amended to refer to the criminal court’s powers to seek information from, and to supply information to, a court dealing with family proceedings. Rules 3.16 and 3.21 are amended to remove the obligations to require the defendant’s nationality at the beginning of cases in a magistrates’ court and in the Crown Court: see also the amendments to rules 24.15 and 25.18. Part 18 A new rule 18.3 and new rules 18.27 to 18.32 are added to govern the procedure where the court approves or appoints an intermediary for a witness or a defendant. The heading to Part 18, rules 18.1 to 18.7 as they are now, and the note at the end of Part 18, all are amended in consequence. Under rule 2.1(4)(e), rule 18.1 and rule 18.4, as they are now, already are temporarily amended and those temporary amendments also are adjusted in consequence. Part 24 Rule 24.15 is amended to require the custodian of a defendant who, in a magistrates’ court, receives a custodial sentence to obtain and record that defendant’s nationality. See also the amendment to rule 3.16. Part 25 Rule 25.18 is amended to require the custodian of a defendant who, in the Crown Court, receives a custodial sentence to obtain and record that defendant’s nationality. See also the amendment to rule 3.21. Part 36 Rule 36.8 is amended to require the Crown Court officer to make available to the Registrar of Criminal Appeals information and documents that have been received and stored electronically. Part 37 Rule 37.3 is amended to require the appellant to include in the appeal notice electronic links to relevant documents. Rule 37.5 is amended to require the respondent to include such links in the respondent’s notice. Part 38 Rule 38.4 is amended to require the appellant to include in the appeal notice electronic links to relevant documents. Rule 38.7 is amended to require the respondent to include such links in the respondent’s notice. Part 39 Rule 39.3 is amended to require the appellant to include in the appeal notice electronic links to relevant documents. Rule 39.6 is amended to require the respondent to include such links in the respondent’s notice. Part 40 Rule 40.3 is amended to require the appellant to include in the appeal notice electronic links to relevant documents. Rule 40.6 is amended to require the respondent to include such links in the respondent’s notice. Part 41 Rule 41.3 is amended to require the appellant to include in the appeal notice electronic links to relevant documents. Rule 41.4 is amended to require the respondent to include such links in the respondent’s notice. Part 47 Rules 47.5, 47.6, 47.7, 47.8, 47.11, 47.13, 47.17 and 47.20 are amended more clearly to allow for the possibility of there being no respondent to an application for a disclosure order. Part 50 Rules 50.3, 50.11, 50.12 and 50.16 are amended to provide for the amendments to the Extradition Act 2003 made by the Extradition (Provisional Arrest) Act 2020. Amendments consequent on the Sentencing Act 2020. The following rules and notes to rules (‘n’) are amended to substitute references to provisions of the Sentencing Act 2020 for references to provisions that that Act supersedes: 9.8(n), 9.11(n), 9.13(n), 24.1(n), 24.11(n), 25.2, 25.2(n), 25.16(n), 28.1(n), 28.2(n), 28.4(n), 28.5(n), 28.7(n), 28.8(n), 28.10(n), 28.11(n), 29.3(n), 30.5, 30.5(n), 31.1(n), 31.2(n), 31.3(n), 32.1, 32.1(n), 39.1 and 39.1(n). Amendments consequent on the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 and the Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019. The following rules and notes to rules (‘n’) are omitted or amended to remove provisions that supplement or refer to legislation repealed or revoked by those Regulations: 14.1, 14.2(n), 14.7(n), 14.16, 14.17, Part 14(n), 18.24, 18.25, Part 18(n), 21.2(n), 30.10, 31.1, 31.2, 31.9, 31.10, 39.8, 47.1, 47.59 to 47.61, 49.12 to 49.17, 50.1. Those Regulations include transitional and saving provisions the effect of which is that in some circumstances legislation which the Criminal Procedure Rules 2020 supplement is preserved. Therefore rule 3 of these Amendment Rules includes a corresponding transitional and saving provision. Correction of errors, etc. Rules 33.59 and 44.2 are amended to correct errors that they contain. The note to rule 47.24 is amended to include a reference to the powers of different judges under the Proceeds of Crime Act 2002. Amendments consequent on other amendments. The following other rules and notes to rules (‘n’) are amended in consequence of the other amendments listed above: 2.2, 3.8(n), 22.7. The following come into force on 8th February 2021— a the amendment in Part 1 to the overriding objective; b the amendments in Parts 3, 24 and 25 to the rules about obtaining a defendant’s nationality; c the amendments in Part 47 that apply to applications for disclosure orders; d the amendments in Part 50 that supplement the Extradition (Provisional Arrest) Act 2020; e the amendments consequent on the Sentencing Act 2020; f the amendments consequent on the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 and the Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019; and g the amendments that correct errors. The following come into force on 5th April 2021— a the amendments in Part 3 about (i) the parties’ duties and (ii) the exchange of information with courts dealing with related family proceedings; b the amendments in Part 18 about intermediaries; and c the amendments in Parts 36, 37, 38, 39, 40 and 41 about electronic links to documents for the Court of Appeal.

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