Explanatory Notes

Serious Crime Act 2007

2007 CHAPTER 27

30th October 2007

Commentary on Sections

Part 2: Encouraging or Assisting Crime.Inchoate offences

Section 44: Intentionally encouraging or assisting an offence

144.This section creates a new offence of intentionally encouraging or assisting an offence.

145.Subsection (1) sets out what a person must do to commit the offence. He must do an act capable of encouraging or assisting the commission of an offence and intend to encourage or assist its commission.

146.Subsection (2) provides further definition as to what is meant by “intention” in this clause, making it clear that foresight of consequences is not sufficient to establish intention.