Inchoate Liability for Assisting and Encouraging Crime

ISBN-10: 0101687826
ISBN-13: 9780101687829
Category: Law
Pages: 166
Language: English
Published: 2006-01-01
Publisher: The Stationery Office
Author: Great Britain: Law Commission

Description

This report examines the possible reform of the current law relating to criminal liability for encouraging or assisting another person to commit an offence. There are currently three inchoate offences in common law which seek to punish conduct which enhances the prospect of actual harm occuring (relating to: attempt, conspiracy and incitement) but no inchoate offence to cover assisting a person to commit an offence if subsequently the offence is not committed or attempted. The Commission's report recommends the creation of two new statutory offences which relate to encouragement or assistance in the commission of an offence by either intending to encourage or assist its commission or believing that it will be committed. The report also sets out a number of recommended defences to the proposed offences. A second report focusing on the law of secondary liability will be published subsequently following consultation with legal experts.

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