Part 2Encouraging or assisting crime

Inchoate offences

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

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).