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Serious Crime Act 2007

Section 46: Encouraging or assisting offences believing one or more will be committed

148.This section creates a new offence of encouraging or assisting offences believing that one or more will be committed.

149.Subsection (1) sets out what a person must do to commit the offence. He must do an act capable of encouraging or assisting one or more offences believing that one or more offences will be committed and that his act will encourage or assist one or more of them.

150.Subsection (2) provides that it is not necessary for a person to have a belief as to which offence will be encouraged or assisted.

151.Subsection (3) requires an indictment for this offence to specify a number of the offences that it is alleged the accused believed might be committed. For example, if D lends a van to P believing that one of robbery or arson will be committed, the indictment must specify robbery and arson. However this does not mean that every offence that could have been encouraged or assisted must be specified (subsection (3)(b)).

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