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Statutory instrument—Validity—Order in Council

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03 March 2011
Issue: 7455 / Categories: Case law , Law reports
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R v Forsyth and another [2011] UKSC 9, [2011] All ER (D) 248 (Feb)

Supreme Court, Lord Hope DP, Lord Rodger, Lord Walker, Lady Hale and Lord Brown SCJJ, 23 Feb 2011

The power to create criminal offences pursuant to s 46 of the United Nations Act 1946 (UN 1946) is not constrained by time to be lawfully exercisable only at or about the time of the relevant Security Council Resolution.

John Kelsey-Fry QC and Jonathan Barnard (Instructed by BCL Burton Copeland) for the first defendant. Nicholas Purnell QC and Clare Sibson (Instructed by Kingsley Napley) for the second defendant. Philip Mott QC, Peter Blair QC and Peter Finnigan QC (Instructed by Serious Fraud Office) for the prosecution.

The defendants were charged with, inter alia, making funds available to Iraq, contrary to Arts 3(a) and 11(4) of the Iraq (United Nations Sanctions) Order 2000, SI 2000/3241 (the 2000 Order), which was an Order in Council made under powers conferred by s 1 of UN 1946. Pursuant to that Act, the Government had the power to apply

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