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Encouraging or assisting crime |
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42 | Intentionally encouraging or assisting an offence |
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(1) | A person commits an offence if— |
| 5 |
(a) | he does an act capable of encouraging or assisting the commission of an |
| |
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(b) | he intends to encourage or assist its commission. |
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(2) | But he is not to be taken to have intended to encourage or assist the commission |
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of an offence merely because such encouragement or assistance was a |
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foreseeable consequence of his act. |
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43 | Encouraging or assisting an offence believing it will be committed |
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A person commits an offence if— |
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(a) | he does an act capable of encouraging or assisting the commission of an |
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| 15 |
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(i) | that the offence will be committed; and |
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(ii) | that his act will encourage or assist its commission. |
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44 | 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 |
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one or more of a number of offences; and |
| |
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(i) | that one or more of those offences will be committed (but has no |
| |
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(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 |
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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)— |
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(a) | the indictment must specify the offences alleged to be the “number of |
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offences” mentioned in paragraph (a) of that subsection; but |
| |
(b) | nothing in paragraph (a) requires all the offences potentially comprised |
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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 |
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specified in the indictment is to the offences specified by virtue of subsection |
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45 | Proving an offence under this Part |
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(1) | Sections 42, 43 and 44 are to be read in accordance with this section. |
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(2) | If it is alleged under section 42(1)(b) that a person (D) intended to encourage or |
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assist the commission of an offence, it is sufficient to prove that he intended to |
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encourage or assist the doing of an act which would amount to the commission |
| |
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(3) | If it is alleged under section 43(b) that a person (D) believed that an offence |
| 5 |
would be committed and that his act would encourage or assist its commission, |
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it is sufficient to prove that he believed— |
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(a) | that an act would be done which would amount to the commission of |
| |
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(b) | that his act would encourage or assist the doing of that act. |
| 10 |
(4) | If it is alleged under section 44(1)(b) that a person (D) believed that one or more |
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of a number of offences would be committed and that his act would encourage |
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or assist the commission of one or more of them, it is sufficient to prove that he |
| |
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(a) | that one or more of a number of acts would be done which would |
| 15 |
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, |
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would amount to the commission of an offence— |
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(a) | if the offence is one requiring proof of fault, it must be proved that— |
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(i) | D believed that, were the act to be done, it would be done with |
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(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 |
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done with that fault; and |
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(b) | if the offence is one requiring proof of particular circumstances or |
| |
consequences (or both), it must be proved that— |
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(i) | D believed that, were the act to be done, it would be done in |
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those circumstances or with those consequences; or |
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(ii) | D was reckless as to whether or not it would be done in those |
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circumstances or with those consequences. |
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(6) | For the purposes of subsection (5)(a)(iii), D is to be assumed to be able to do the |
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(7) | In the case of an offence under section 42— |
| |
(a) | subsection (5)(b)(i) is to be read as if the reference to “D believed” were |
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a reference to “D intended or believed”; but |
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(b) | D is not to be taken to have intended that an act would be done in |
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particular circumstances or with particular consequences merely |
| 40 |
because its being done in those circumstances or with those |
| |
consequences was a foreseeable consequence of his act of |
| |
encouragement or assistance. |
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(8) | Reference in this section to the doing of an act includes reference to— |
| |
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(b) | the continuation of an act that has already begun; |
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(c) | an attempt to do an act (except an act amounting to the commission of |
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the offence of attempting to commit another offence). |
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(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 42, a reference to the offence |
| |
mentioned in subsection (2); and |
| |
(b) | in relation to an offence under section 43, a reference to the offence |
| 5 |
mentioned in subsection (3). |
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46 | Proving an offence under section 44 |
| |
(1) | This section makes further provision about the application of section 45 to an |
| |
offence under section 44. |
| |
(2) | It is sufficient to prove the matters mentioned in section 45(5) by reference to |
| 10 |
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(3) | The offence or offences by reference to which those matters are proved must be |
| |
one of the offences specified in the indictment. |
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(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 |
| 15 |
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47 | 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. |
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(2) | If a person’s act is capable of encouraging or assisting the commission of a |
| 20 |
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(a) | section 42 applies separately in relation to each offence that he intends |
| |
to encourage or assist to be committed; and |
| |
(b) | section 43 applies separately in relation to each offence that he believes |
| |
will be encouraged or assisted to be committed. |
| 25 |
(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 43, an act is capable of encouraging or |
| |
assisting the commission of an offence, or |
| 30 |
(b) | for the purposes of section 44, 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— |
| |
(a) | in England and Wales, an offence listed in Part 1, 2 or 3 of Schedule 3; |
| 35 |
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(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 43(b)(i) and 44(1)(b)(i) it is sufficient for the person |
| |
concerned to believe that the offence (or one or more of the offences) will be |
| 40 |
committed if certain conditions are met. |
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