PD & EB, R. v (Iraq Sanctions)

PD & EB, R. v (Iraq Sanctions)

There was no criminal offence under Article 5 of the Iraq (United Nations Sanctions) Order 2003 after 1 May 2004 because the definition of 'restricted goods' ceased to have effect and the court could not rectify this by interpretation. Additionally, Security Council Resolution 1546 (2004) had the effect of cancelling in part the operation of the earlier Resolution, so the Order could not prohibit supply of arms to the new Iraqi government without a licence.

Parties
Respondent: Regina; Appellant: PD; Appellant: EB
Jurisdiction
England and Wales
Judgment Date
08 September 2011
Procedural Posture
Criminal Appeal / Appeal From Crown Court Preparatory Hearing
Outcome
Appeal on first issue dismissed; appeal on second issue allowed; indictment quashed.
Legal Topics
Implementation of UN Security Council Resolutions, Subordinate Legislation, Export Control, Strict Liability Offences, Legislative Drafting Errors
Criminal Law International Law Statutory Interpretation Implementation of UN Security Council Resolutions Subordinate Legislation Export Control Strict Liability Offences Legislative Drafting Errors

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Parties

Regina

Respondent

PD

Appellant

EB

Appellant

Procedural Posture

Criminal Appeal / Appeal From Crown Court Preparatory Hearing

Legal Issues

  1. 1 Whether a criminal offence subsisted under Article 5 of the Iraq (United Nations Sanctions) Order 2003 after 1 May 2004 given the absence of a definition of 'restricted goods'.
  2. 2 Whether the court could rectify a drafting error in subordinate legislation by interpretation under the principles in Inco Europe v First Choice Destination.
  3. 3 Whether UN Security Council Resolution 1546 (2004) had the effect of amending the scope of the Iraq Order 2003 so as to permit supply of arms to the new Iraqi government without a licence.

Ratio Decidendi

There was no criminal offence under Article 5 of the Iraq (United Nations Sanctions) Order 2003 after 1 May 2004 because the definition of 'restricted goods' ceased to have effect and the court could not rectify this by interpretation. Additionally, Security Council Resolution 1546 (2004) had the effect of cancelling in part the operation of the earlier Resolution, so the Order could not prohibit supply of arms to the new Iraqi government without a licence.

Court Disposition

Appeal on first issue dismissed; appeal on second issue allowed; indictment quashed.

Orders

  • Indictment quashed as to counts under the Iraq Order 2003.
  • No objection to amending indictment to include counts under TIG Order and EGTT Order, which require proof of intent.