Part 2

Encouraging or assisting crime

Inchoate offences

Encouraging or assisting offences believing one or more will be committed
46
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).
Pt. 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))
S. 46 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
Pt. 2 applied (with modifications) by 2003 c. 42, Sch. 4 para. 6(3) (as inserted (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(5), 15(1))