UK Offence Report

Delay, obstruction etc. of an authorised officer

regulation 5(1) of The Prevention of Social Housing Fraud (Detection of Fraud) (Wales) Regulations 2014

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

1 If a person (P)— a intentionally delays or obstructs an authorised officer in the exercise of any power under regulation 4; or b refuses or fails, without reasonable excuse, to provide any information or to provide any document when required to do so under regulation 4, P is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

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

“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: mens rea word in the offence-creating words: intentionally; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

ise of any power under regulation 4; or b refuses or fails, without reasonable excuse, to provide any information or to provide any document when required to do so under regulation 4, P is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

What would breach regulation 5(1)?

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 Prevention of Social Housing Fraud (Detection of Fraud) (Wales) Regulations 2014.
  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
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

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
25 March 2014
In force from
28 March 2014
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

The Prevention of Social Housing Fraud Act 2013 (“the Act”) creates offences related to subletting and parting with possession of social housing and makes provision for the investigation and prosecution of social housing fraud offences. These Regulations are made under sections 7 and 8 of that Act and make provision for powers to require information for housing fraud investigation purposes. Regulation 3 provides that a local authority may authorise an individual to exercise the powers conferred on an authorised officer under regulation 4. Regulation 4 enables officers authorised under regulation 3 to require information from specified persons for housing fraud investigation purposes. These purposes are the prevention, detection or securing evidence for the conviction of one of the offences listed in section 7(7) of the Act. Regulation 5 provides that it is an offence to refuse or fail to provide information when required to do so under regulation 4. Regulation 6 makes provision for offences under the Regulations committed by bodies corporate.

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 0.92.

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