Part 2

Encouraging or assisting crime

Jurisdiction and procedure

Persons who may be perpetrators or encouragers etc.
56
1
In proceedings for an offence under this Part (“the inchoate offence”) the defendant may be convicted if—
a
it is proved that he must have committed the inchoate offence or the anticipated offence; but
b
it is not proved which of those offences he committed.
2
For the purposes of this section, a person is not to be treated as having committed the anticipated offence merely because he aided, abetted, counselled or procured its commission.
3
In relation to an offence under section 46, a reference in this section to the anticipated offence is to be read as a reference to an offence specified in the indictment.
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. 56 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))