55 Meaning of “ancillary offence”E+W+N.I.
(1)References in this Part to an ancillary offence under the law of England and Wales are to—
(a)aiding, abetting, counselling or procuring the commission of an offence,
(b)inciting a person to commit an offence,
(c)attempting or conspiring to commit an offence, or
(d)assisting an offender or concealing the commission of an offence.
(2)In subsection (1)(a) the reference to aiding, abetting, counselling or procuring is to conduct that in relation to an indictable offence would be punishable under section 8 of the Accessories and Abettors Act 1861 (c. 94).
(3)In subsection (1)(b) the reference to incitement is to conduct amounting to an offence of incitement at common law.
(4)In subsection (1)(c)—
(a)the reference to an attempt is to conduct amounting to an offence under section 1 of the Criminal Attempts Act 1981 (c. 47); and
(b)the reference to conspiracy is to conduct amounting to an offence of conspiracy under section 1 of the Criminal Law Act 1977 (c. 45).
(5)In subsection (1)(d)—
(a)the reference to assisting an offender is to conduct that in relation to [F1a relevant offence]F1 would amount to an offence under section 4(1) of the Criminal Law Act 1967 (c. 58); and
(b)the reference to concealing an offence is to conduct that in relation to [F2a relevant offence]F2 would amount to an offence under section 5(1) of that Act.
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Amendments (Textual)
F1Words in s. 55(5)(a) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178(8), Sch. 7 para. 49(3); S.I. 2005/3495, art. 2(1)(m) (subject to art. 2(2))
F2Words in s. 55(5)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 148(8), Sch. 7 para. 49(3); S.I. 2005/3495, art. 2(1)(m) (subject to art. 2(2))
Modifications etc. (not altering text)
C1S. 55(1)(b) modified (prosp.) by Serious Crime Act 2007, ss. 63(1)(2), 94, {Sch. 6 para. 42} (with Sch. 13 para. 5)