Serious Crime Act 2007

Summary

Part 2 of this Act created three inchoate offences of encouraging or assisting crime, replacing the common law offence of incitement. The offences are: intentionally encouraging or assisting an offence (s.44), encouraging or assisting an offence believing it will be committed (s.45), and encouraging or assisting offences believing one or more will be committed (s.46). These offences apply even if the anticipated offence is never actually committed. The Act also established the Serious Crime Prevention Order regime.

Key Points

• Section 44: Intentionally encouraging or assisting an offence — requires intent that the offence be committed
• Section 45: Encouraging or assisting an offence believing it will be committed — the defendant believes the offence will be committed and their act will encourage or assist
• Section 46: Encouraging or assisting offences believing one or more will be committed — covers situations where D believes one or more of a number of offences will be committed
• The anticipated offence need not actually be committed (s.49(1))
• Abolished the common law offence of incitement (s.59)
• Introduced Serious Crime Prevention Orders (Part 1) — civil orders imposing restrictions on individuals involved in serious crime

Parts & Sections

Amendments History