Criminal Law Act 1977

1 The offence of conspiracy. E+W

[F1 (1) Subject to the following provisions of this Part of this Act, if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, either—

(a) will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement, or

(b) would do so but for the existence of facts which render the commission of the offence or any of the offences impossible,

he is guilty of conspiracy to commit the offence or offences in question.]

[F2 (1A) Subject to section 8 of the Computer Misuse Act 1990 (relevance ofexternal law), if this subsection applies to an agreement, this Part of this Act has effect in relation to it as it has effect in relation to an agreement falling within subsection (1) above.

(1B) Subsection (1A) above applies to an agreement if—

(a) a party to it, or a party’s agent, did anything in England and Wales in relation to it before its formation; or

(b) a party to it became a party in England and Wales (by joining it either in person or through an agent); or

(c) a party to it, or a party’s agent, did or omitted anything in England and Wales in pursuance of it;

and the agreement would fall within subsection (1) above as an agreement relating to the commission of a computer misuse offence but for the fact that the offence would not be an offence triable in England and Wales if committed in accordance with the parties’ intentions.]

(2) Where liability for any offence may be incurred without knowledge on the part of the person committing it of any particular fact or circumstance necessary for the commission of the offence, a person shall nevertheless not be guilty of conspiracy to commit that offence by virtue of subsection (1) above unless he and at least one other party to the agreement intend or know that that fact or circumstance shall or will exist at the time when the conduct constituting the offence is to take place.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this Part of this Act “offence” means an offence triable in England and Wales, except that it includes murder notwithstanding that the murder in question would not be so triable if committed in accordance with the intentions of the parties to the agreement.

[F4 (5) In the application of this Part of this Act to an agreement to which subsection (1A) above applies any reference to an offence shall be read as a reference to what would be the computer misuse offence in question but for the fact that it is not an offence triable in England and Wales.

(6) In this section “computer misuse offence” means an offence under the Computer Misuse Act 1990.]

Textual Amendments

F1 S. 1(1) substituted (with saving) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 5(1)

F2 S. 1(1A)(1B) inserted by Computer Misuse Act 1990 (c. 18, SIF 39:1), s. 7(1)

F3 S. 1(3) repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1 (with Sch. 3 para. 2).

F4 S. 1(5)(6) inserted by Computer Misuse Act 1990 (c. 18, SIF 39:1), s. 7(2)

Modifications etc. (not altering text)

C1 S. 1(1) modified (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss.242, 302.