Part 5

Offences under domestic law

England and Wales

Meaning of “ancillary offence”
55
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 a relevant offence
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 a
relevant offence would amount to an offence under section 5(1) of that Act.
S. 55(1)(b) modified (prosp.) by Serious Crime Act 2007, ss. 63(1)(2), 94, {Sch. 6 para. 42} (with Sch. 13 para. 5)
Words 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))
Words 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))
S. 55(1)(b) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 42 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)
S. 55(3) repealed (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 61(2), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)