Encouraging or Assisting Crime in the UK

What Is Encouraging or Assisting Crime?

Encouraging or assisting crime refers to situations where a person intentionally helps, supports, or encourages another person to commit a criminal offence. 

The key principle behind these offences is that criminal liability can arise even where the person did not personally carry out the offence. 

Examples of conduct that may amount to encouraging or assisting crime include: 

• providing equipment used in a planned offence 
• giving advice on how to commit a crime 
• helping someone plan criminal activity 
• supplying information that facilitates an offence 
• assisting with transport or logistics for criminal conduct 

Importantly, a person can be prosecuted even if the offence ultimately never takes place. 

The offences were introduced under the Serious Crime Act 2007, which expanded the law relating to secondary participation in criminal offences. 

The Serious Crime Act 2007 Offences

The Act created three principal offences relating to assisting or encouraging crime. 

Each offence focuses on a slightly different level of intent or belief. 

Section 45 – Encouraging or Assisting an Offence Believing It Will Occur

Section 45 applies where a person believes that an offence will be committed and acts in a way that encourages or assists it. 

This means that even if the defendant did not intend the offence to occur, they can still be liable if they believed it was likely to happen and acted in support of it.

Section 46 – Encouraging or Assisting Multiple Offences

Section 46 covers situations where someone encourages or assists multiple possible offences and believes that at least one of them will occur. 

This offence typically arises in more complex cases involving organised criminal activity. 

How Prosecutors Prove Encouraging or Assisting Crime

Prosecutors must demonstrate that the defendant carried out an act capable of encouraging or assisting criminal activity. 

Evidence in these cases can include: 

• phone messages or digital communications 
• financial transactions 
• evidence of planning discussions 
• provision of equipment or materials 
• witness testimony 
• surveillance evidence 

The Crown Prosecution Service assesses whether there is sufficient evidence to demonstrate both the act of assistance and the required mental element. 

Guidance on how these offences are prosecuted is outlined in the **Crown Prosecution Service legal guidance on encouraging or assisting crime

Examples of Assisting Criminal Activity

Encouraging or assisting crime can arise in a wide range of situations. 

Examples include: 

• providing a vehicle knowing it will be used in a robbery 
• supplying tools used to commit burglary 
• offering instructions on how to commit fraud 
• helping someone hide evidence after a planned offence 
• introducing individuals involved in organised criminal activity 

In many investigations, assisting offences are charged alongside other allegations such as conspiracy or fraud.

Possible Defences

Defending allegations of encouraging or assisting crime requires careful examination of the prosecution evidence and the defendant’s intentions. 

Possible defences may include: 

Lack of Intent

The prosecution must prove the required intent or belief. 

If the defendant did not intend to assist criminal activity, the offence may not be made out. 

No Real Assistance

If the alleged conduct was not capable of encouraging or assisting the offence, the charge may not be sustainable. 

Withdrawal From Involvement

In some cases, a person may have initially been involved but later clearly withdrew their participation before any offence occurred. 

Acting Reasonably

The Serious Crime Act also provides a defence where a person acted reasonably in the circumstances. 

What is considered reasonable depends on the facts of the case. 

Sentencing and Penalties

Sentencing for encouraging or assisting crime depends largely on the seriousness of the underlying offence. 

In many cases, the potential sentence mirrors the maximum penalty for the offence that was encouraged or assisted. 

Courts consider several factors when determining sentence, including: 

• the level of involvement 
• the defendant’s intent 
• whether the offence was actually committed 
• the harm caused or risk created 

The courts follow guidance issued by the **Sentencing Council when determining appropriate penalties. 

When to Seek Legal Advice

Allegations of encouraging or assisting crime can arise unexpectedly during criminal investigations. 

In some situations, individuals may believe they were only loosely connected to events, yet prosecutors may interpret their actions as supporting criminal activity. 

These cases often involve detailed analysis of communications, financial records, and evidence of planning. 

Obtaining advice from a criminal defence solicitor at an early stage can be critical in understanding: 

• the strength of the prosecution case 
• whether the legal elements of the offence are met 
• what defence strategy may be available 

If you are under investigation or facing charges relating to encouraging or assisting criminal activity, obtaining legal advice promptly can help protect your position. 

Speak to a Criminal Defence Solicitor

Allegations involving encouraging or assisting crime can be legally complex and may carry significant penalties. 

If you are facing investigation or criminal charges relating to assisting or encouraging an offence, obtaining advice from experienced criminal defence solicitors can help you understand your legal position and the options available to you. 

Early legal guidance can be critical in navigating the investigation process and preparing an effective defence.