Podsumowanie
This Act codified the law of criminal conspiracy in England and Wales, replacing the common law offence (except conspiracy to defraud, which was preserved). A person is guilty of conspiracy if they agree with one or more others to pursue a course of conduct that will necessarily amount to or involve the commission of an offence. The Act also reformed the law on criminal trespass, creating offences of using violence to secure entry to premises and adverse occupation of residential premises.
Kluczowe punkty
- Statutory conspiracy: agreement by two or more persons to pursue conduct that will necessarily involve commission of an offence (s.1)
- Preserves common law conspiracy to defraud (s.5(2))
- A person cannot conspire with their spouse/civil partner alone (s.2(2)(a))
- A person cannot conspire with a child under the age of criminal responsibility (s.2(2)(b))
- Created offence of using violence to secure entry to premises (s.6)
- Created offence of adverse occupation of residential premises (s.7) — 'squatting'
Części i sekcje
Historia nowelizacji
2012 — Legal Aid, Sentencing and Punishment of Offenders Act 2012
Section 144 created a new offence of squatting in a residential building, strengthening the provisions on adverse occupation.