Search Legislation

Serious Crime Act 2007

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Serious Crime Act 2007, Cross Heading: Inchoate offences. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Inchoate offencesE+W+N.I.

44Intentionally encouraging or assisting an offenceE+W+N.I.

(1)A person commits an offence if—

(a)he does an act capable of encouraging or assisting the commission of an offence; and

(b)he intends to encourage or assist its commission.

(2)But he is not to be taken to have intended to encourage or assist the commission of an offence merely because such encouragement or assistance was a foreseeable consequence of his act.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Pt. 2 restricted by 2007 c. 19, s. 18(1A) (as inserted (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 62, 94(1) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))

Commencement Information

I1S. 44 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

45Encouraging or assisting an offence believing it will be committedE+W+N.I.

A person commits an offence if—

(a)he does an act capable of encouraging or assisting the commission of an offence; and

(b)he believes—

(i)that the offence will be committed; and

(ii)that his act will encourage or assist its commission.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Pt. 2 restricted by 2007 c. 19, s. 18(1A) (as inserted (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 62, 94(1) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))

Commencement Information

I2S. 45 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

46Encouraging or assisting offences believing one or more will be committedE+W+N.I.

(1)A person commits an offence if—

(a)he does an act capable of encouraging or assisting the commission of one or more of a number of offences; and

(b)he believes—

(i)that one or more of those offences will be committed (but has no belief as to which); and

(ii)that his act will encourage or assist the commission of one or more of them.

(2)It is immaterial for the purposes of subsection (1)(b)(ii) whether the person has any belief as to which offence will be encouraged or assisted.

(3)If a person is charged with an offence under subsection (1)—

(a)the indictment must specify the offences alleged to be the “number of offences” mentioned in paragraph (a) of that subsection; but

(b)nothing in paragraph (a) requires all the offences potentially comprised in that number to be specified.

(4)In relation to an offence under this section, reference in this Part to the offences specified in the indictment is to the offences specified by virtue of subsection (3)(a).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Pt. 2 restricted by 2007 c. 19, s. 18(1A) (as inserted (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 62, 94(1) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))

Commencement Information

I3S. 46 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

47Proving an offence under this PartE+W+N.I.

(1)Sections 44, 45 and 46 are to be read in accordance with this section.

(2)If it is alleged under section 44(1)(b) that a person (D) intended to encourage or assist the commission of an offence, it is sufficient to prove that he intended to encourage or assist the doing of an act which would amount to the commission of that offence.

(3)If it is alleged under section 45(b) that a person (D) believed that an offence would be committed and that his act would encourage or assist its commission, it is sufficient to prove that he believed—

(a)that an act would be done which would amount to the commission of that offence; and

(b)that his act would encourage or assist the doing of that act.

(4)If it is alleged under section 46(1)(b) that a person (D) believed that one or more of a number of offences would be committed and that his act would encourage or assist the commission of one or more of them, it is sufficient to prove that he believed—

(a)that one or more of a number of acts would be done which would amount to the commission of one or more of those offences; and

(b)that his act would encourage or assist the doing of one or more of those acts.

(5)In proving for the purposes of this section whether an act is one which, if done, would amount to the commission of an offence—

(a)if the offence is one requiring proof of fault, it must be proved that—

(i)D believed that, were the act to be done, it would be done with that fault;

(ii)D was reckless as to whether or not it would be done with that fault; or

(iii)D's state of mind was such that, were he to do it, it would be done with that fault; and

(b)if the offence is one requiring proof of particular circumstances or consequences (or both), it must be proved that—

(i)D believed that, were the act to be done, it would be done in those circumstances or with those consequences; or

(ii)D was reckless as to whether or not it would be done in those circumstances or with those consequences.

(6)For the purposes of subsection (5)(a)(iii), D is to be assumed to be able to do the act in question.

(7)In the case of an offence under section 44—

(a)subsection (5)(b)(i) is to be read as if the reference to “D believed” were a reference to “D intended or believed”; but

(b)D is not to be taken to have intended that an act would be done in particular circumstances or with particular consequences merely because its being done in those circumstances or with those consequences was a foreseeable consequence of his act of encouragement or assistance.

(8)Reference in this section to the doing of an act includes reference to—

(a)a failure to act;

(b)the continuation of an act that has already begun;

(c)an attempt to do an act (except an act amounting to the commission of the offence of attempting to commit another offence).

(9)In the remaining provisions of this Part (unless otherwise provided) a reference to the anticipated offence is—

(a)in relation to an offence under section 44, a reference to the offence mentioned in subsection (2); and

(b)in relation to an offence under section 45, a reference to the offence mentioned in subsection (3).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Pt. 2 restricted by 2007 c. 19, s. 18(1A) (as inserted (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 62, 94(1) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))

Commencement Information

I4S. 47 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

48Proving an offence under section 46E+W+N.I.

(1)This section makes further provision about the application of section 47 to an offence under section 46.

(2)It is sufficient to prove the matters mentioned in section 47(5) by reference to one offence only.

(3)The offence or offences by reference to which those matters are proved must be one of the offences specified in the indictment.

(4)Subsection (3) does not affect any enactment or rule of law under which a person charged with one offence may be convicted of another and is subject to section 57.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Pt. 2 restricted by 2007 c. 19, s. 18(1A) (as inserted (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 62, 94(1) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))

Commencement Information

I5S. 48 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

49Supplemental provisionsE+W+N.I.

(1)A person may commit an offence under this Part whether or not any offence capable of being encouraged or assisted by his act is committed.

(2)If a person's act is capable of encouraging or assisting the commission of a number of offences—

(a)section 44 applies separately in relation to each offence that he intends to encourage or assist to be committed; and

(b)section 45 applies separately in relation to each offence that he believes will be encouraged or assisted to be committed.

(3)A person may, in relation to the same act, commit an offence under more than one provision of this Part.

(4)In reckoning whether—

(a)for the purposes of section 45, an act is capable of encouraging or assisting the commission of an offence; or

(b)for the purposes of section 46, an act is capable of encouraging or assisting the commission of one or more of a number of offences;

offences under this Part and listed offences are to be disregarded.

(5)Listed offence” means—

(a)in England and Wales, an offence listed in Part 1, 2 or 3 of Schedule 3; and

(b)in Northern Ireland, an offence listed in Part 1, 4 or 5 of that Schedule.

(6)The Secretary of State may by order amend Schedule 3.

[F1(6A)The power to make an order under subsection (6) for the purposes of subsection (5)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).]

(7)For the purposes of sections 45(b)(i) and 46(1)(b)(i) it is sufficient for the person concerned to believe that the offence (or one or more of the offences) will be committed if certain conditions are met.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C1Pt. 2 restricted by 2007 c. 19, s. 18(1A) (as inserted (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 62, 94(1) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))

Commencement Information

I6S. 49 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources