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Sentencing Act 2020

Changes over time for: Section 398

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Sentencing Act 2020, Section 398 is up to date with all changes known to be in force on or before 05 October 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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398Ancillary and inchoate offencesE+W

(1)Nothing in this Code is to be taken to affect the operation of the following (liability as an accessory)—

(a)section 8 of the Accessories and Abettors Act 1861, or

(b)section 44 of the Magistrates' Courts Act 1980.

(2)Accordingly, any reference in this Act to an offence includes a reference to that offence committed by aiding, abetting, counselling or procuring the commission of that offence.

(3)In this Code, “inchoate offence” in relation to an offence, means—

(a)an attempt to commit the offence,

(b)conspiracy to commit the offence,

(c)an offence under Part 2 of the Serious Crime Act 2007 related to the offence, or

(d)incitement to commit the offence,

but this is subject to subsection (4).

(4)Paragraph (d) of subsection (3) does not apply for the purposes of—

(a)section 67 (assaults on emergency workers);

(b)Schedule 13 (special sentence for offenders of particular concern: offences).

But paragraph (b) is not to be taken to affect the operation of paragraph [F18 or 12] of Schedule 13 (abolished offences).

(5)For the purposes of this Code, an offence committed by a person under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) is related to another offence if that other offence is the offence (or one of the offences) which the person intended or believed would be committed.

Textual Amendments

F1Words in s. 398(4) substituted (30.4.2021 except as it has effect for the purposes of Sch. 13 as it is applied by 2006 c. 52, s. 224A) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i)(3)(i), Sch. 13 para. 12(1) (with Sch. 13 para. 12(2))

Commencement Information

I1S. 398 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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