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43 | Encouraging or assisting offences believing one or more will be committed |
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(1) | A person commits an offence if— |
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(a) | he does an act capable of encouraging or assisting the commission of |
| |
one or more of a number of offences; and |
| |
| 5 |
(i) | that one or more of those offences will be committed (but has no |
| |
| |
(ii) | that his act will encourage or assist the commission of one or |
| |
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(2) | It is immaterial for the purposes of subsection (1)(b)(ii) whether the person has |
| 10 |
any belief as to which offence will be encouraged or assisted. |
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(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 |
| 15 |
in that number to be specified. |
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(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 |
| |
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44 | Proving an offence under this Part |
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(1) | Sections 41, 42 and 43 are to be read in accordance with this section. |
| |
(2) | If it is alleged under section 41(1)(b) that a person (D) intended to encourage or |
| |
assist the commission of an offence, it is sufficient to prove that he intended to |
| |
encourage or assist the doing of an act which would amount to the commission |
| |
| 25 |
(3) | If it is alleged under section 42(b) that a person (D) believed that an offence |
| |
would be committed and that his act would encourage or assist its commission, |
| |
it is sufficient to prove that he believed— |
| |
(a) | that an act would be done which would amount to the commission of |
| |
| 30 |
(b) | that his act would encourage or assist the doing of that act. |
| |
(4) | If it is alleged under section 43(1)(b) that a person (D) believed that one or more |
| |
of a number of offences would be committed and that his act would encourage |
| |
or assist the commission of one or more of them, it is sufficient to prove that he |
| |
| 35 |
(a) | that one or more of a number of acts would be done which would |
| |
amount to the commission of one or more of those offences; and |
| |
(b) | that his act would encourage or assist the doing of one or more of those |
| |
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(5) | In proving for the purposes of this section whether an act is one which, if done, |
| 40 |
would amount to the commission of an offence— |
| |
(a) | if the offence is one requiring proof of fault, it must be proved that— |
| |
(i) | D believed that, were the act to be done, it would be done with |
| |
| |
| |
| |
|
| |
| |
(ii) | D was reckless as to whether or not it would be done with that |
| |
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(iii) | D’s state of mind was such that, were he to do it, it would be |
| |
done with that fault; and |
| |
(b) | if the offence is one requiring proof of particular circumstances or |
| 5 |
consequences (or both), it must be proved that— |
| |
(i) | D believed that, were the act to be done, it would be done in |
| |
those circumstances or with those consequences; or |
| |
(ii) | D was reckless as to whether or not it would be done in those |
| |
circumstances or with those consequences. |
| 10 |
(6) | For the purposes of subsection (5)(a)(iii), D is to be assumed to be able to do the |
| |
| |
(7) | In the case of an offence under section 41— |
| |
(a) | subsection (5)(b)(i) is to be read as if the reference to “D believed” were |
| |
a reference to “D intended or believed”; but |
| 15 |
(b) | D is not to be taken to have intended that an act would be done in |
| |
particular circumstances or with particular consequences merely |
| |
because its being done in those circumstances or with those |
| |
consequences was a foreseeable consequence of his act of |
| |
encouragement or assistance. |
| 20 |
(8) | Reference in this section to the doing of an act includes reference to— |
| |
| |
(b) | the continuation of an act that has already begun; |
| |
(c) | an attempt to do an act (except an act amounting to the commission of |
| |
the offence of attempting to commit another offence). |
| 25 |
(9) | In the remaining provisions of this Part (unless otherwise provided) a |
| |
reference to the anticipated offence is— |
| |
(a) | in relation to an offence under section 41, a reference to the offence |
| |
mentioned in subsection (2); and |
| |
(b) | in relation to an offence under section 42, a reference to the offence |
| 30 |
mentioned in subsection (3). |
| |
45 | Proving an offence under section 43 |
| |
(1) | This section makes further provision about the application of section 44 to an |
| |
offence under section 43. |
| |
(2) | It is sufficient to prove the matters mentioned in section 44(5) by reference to |
| 35 |
| |
(3) | The offence or offences by reference to which those matters are proved must be |
| |
one of the offences specified in the indictment. |
| |
(4) | Subsection (3) does not affect any enactment or rule of law under which a |
| |
person charged with one offence may be convicted of another and is subject to |
| 40 |
| |
46 | Supplemental provisions |
| |
(1) | A person may commit an offence under this Part whether or not any offence |
| |
capable of being encouraged or assisted by his act is committed. |
| |
| |
| |
|
| |
| |
(2) | If a person’s act is capable of encouraging or assisting the commission of a |
| |
| |
(a) | section 41 applies separately in relation to each offence that he intends |
| |
to encourage or assist to be committed; and |
| |
(b) | section 42 applies separately in relation to each offence that he believes |
| 5 |
will be encouraged or assisted to be committed. |
| |
(3) | A person may, in relation to the same act, commit an offence under more than |
| |
one provision of this Part. |
| |
(4) | In reckoning whether— |
| |
(a) | for the purposes of section 42, an act is capable of encouraging or |
| 10 |
assisting the commission of an offence, or |
| |
(b) | for the purposes of section 43, an act is capable of encouraging or |
| |
assisting the commission of one or more of a number of offences, |
| |
| offences under this Part and listed offences are to be disregarded. |
| |
(5) | “Listed offence” means— |
| 15 |
(a) | in England and Wales, an offence listed in Part 1, 2 or 3 of Schedule 3; |
| |
| |
(b) | in Northern Ireland, an offence listed in Part 1, 4 or 5 of that Schedule. |
| |
(6) | The Secretary of State may by order amend Schedule 3. |
| |
(7) | For the purposes of sections 42(b)(i) and 43(1)(b)(i) it is sufficient for the person |
| 20 |
concerned to believe that the offence (or one or more of the offences) will be |
| |
committed if certain conditions are met. |
| |
| |
47 | Defence of acting reasonably |
| |
(1) | A person is not guilty of an offence under this Part if he proves— |
| 25 |
(a) | that he knew certain circumstances existed; and |
| |
(b) | that it was reasonable for him to act as he did in those circumstances. |
| |
(2) | A person is not guilty of an offence under this Part if he proves— |
| |
(a) | that he believed certain circumstances to exist; |
| |
(b) | that his belief was reasonable; and |
| 30 |
(c) | that it was reasonable for him to act as he did in the circumstances as he |
| |
| |
(3) | Factors to be considered in determining whether it was reasonable for a person |
| |
to act as he did include— |
| |
(a) | the seriousness of the anticipated offence (or, in the case of an offence |
| 35 |
under section 43, the offences specified in the indictment); |
| |
(b) | any purpose for which he claims to have been acting; |
| |
(c) | any authority by which he claims to have been acting. |
| |
| |
| |
|
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48 | Protective offences: victims not liable |
| |
(1) | In the case of protective offences, a person does not commit an offence under |
| |
this Part by reference to such an offence if— |
| |
(a) | he falls within the protected category; and |
| 5 |
(b) | he is the person in respect of whom the protective offence was |
| |
committed or would have been if it had been committed. |
| |
(2) | “Protective offence” means an offence that exists (wholly or in part) for the |
| |
protection of a particular category of persons (“the protected category”). |
| |
Jurisdiction and procedure |
| 10 |
| |
(1) | If a person (D) knows or believes that what he anticipates might take place |
| |
wholly or partly in England or Wales, he may be guilty of an offence under |
| |
section 41, 42 or 43 no matter where he was at any relevant time. |
| |
(2) | If it is not proved that D knows or believes that what he anticipates might take |
| 15 |
place wholly or partly in England or Wales, he is not guilty of an offence under |
| |
section 41, 42 or 43 unless paragraph 1, 2 or 3 of Schedule 4 applies. |
| |
(3) | A reference in this section (and in any of those paragraphs) to what D |
| |
anticipates is to be read as follows— |
| |
(a) | in relation to an offence under section 41 or 42, it refers to the act which |
| 20 |
would amount to the commission of the anticipated offence; |
| |
(b) | in relation to an offence under section 43, it refers to an act which would |
| |
amount to the commission of any of the offences specified in the |
| |
| |
(4) | In their application to Northern Ireland, this section and Schedule 4 have effect |
| 25 |
| |
(a) | England or Wales; and |
| |
| |
| were references to Northern Ireland. |
| |
50 | Prosecution of offences triable by reason of Schedule 4 |
| 30 |
No proceedings for an offence triable by reason of any provision of Schedule 4 |
| |
| |
(a) | in England and Wales, except by, or with the consent of, the Attorney |
| |
| |
(b) | in Northern Ireland, except by, or with the consent of, the Advocate |
| 35 |
General for Northern Ireland. |
| |
| |
(1) | An offence under section 41 or 42 is triable in the same way as the anticipated |
| |
| |
(2) | An offence under section 43 is triable on indictment. |
| 40 |
| |
| |
|
