4 Penalties for assisting offenders.

(1) Where a person has committed [F2a relevant offence], any other person who, knowing or believing him to be guilty of the offence or of some [F3other relevant offence], does without lawful authority or reasonable excuse any act with intent to impede his apprehension or prosecution, shall be guilty of an offence.

4 Penalties for assisting offenders.

(1) Where a person has committed an arrestable offence, any other person who, knowing or believing him to be guilty of the offence or of some other arrestable offence, does without lawful authority or reasonable excuse any act with intent to impede his apprehension or prosecution shall be guilty of an offence.

[(1A)In this section and section 5 below "arrestable offence" has the meaning assigned to it by section 24 of the Police and Criminal Evidence Act 1984.]

PART I CONSPIRACY

1A Conspiracy to commit offences outside the United Kingdom.

(1) Where each of the following conditions is satisfied in the case of an agreement, this Part of this Act has effect in relation to the agreement as it has effect in relation to an agreement falling within section 1(1) above.

(2) The first condition is that the pursuit of the agreed course of conduct would at some stage involve -

(a) an act by one or more of the parties, or
(b) the happening of some other event,
intended to take place in a country or territory outside the United Kingdom.

(3) The second condition is that that act or other event constitutes an offence under the law in force in that country or territory.

(4) The third condition is that the agreement would fall within section 1(1) above as an agreement relating to the commission of an 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.

(5)The fourth condition is that

(a) a party to the agreement, or a party's agent, did anything in England and Wales in relation to the agreement before its formation, or
(b) a party to the agreement became a party in England and Wales (by joining it either in person or through an agent), or
(c) a party to the agreement, or a party's agent, did or omitted anything in England and Wales in pursuance of the agreement.

(6) In the application of this Part of this Act to an agreement in the case of which each of the above conditions is satisfied, a reference to an offence is to be read as a reference to what would be the offence in question but for the fact that it is not an offence triable in England and Wales.

(7) Conduct punishable under the law in force in any country or territory is an offence under that law for the purposes of this section, however it is described in that law.

(8) Subject to subsection (9) below, the second condition is to be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice

(a) stating that, on the facts as alleged with respect to the agreed course of conduct, the condition is not in their opinion satisfied,
(b) showing their grounds for that opinion, and (c)requiring the prosecution to show that it is satisfied.

(9) The court may permit the defence to require the prosecution to show that the second condition is satisfied without the prior service of a notice under subsection (8) above.

(10) In the Crown Court the question whether the second condition is satisfied shall be decided by the judge alone, and shall be treated as a question of law for the purposes of

(a) section 9(3) of the M1 Criminal Justice Act 1987 (preparatory hearing in fraud cases), and
(b) section 31(3) of the M2Criminal Procedure and Investigations Act 1996 (preparatory hearing in other cases).

(11) Any act done by means of a message (however communicated) is to be treated for the purposes of the fourth condition as done in England and Wales if the message is sent or received in England and Wales.

(12) In any proceedings in respect of an offence triable by virtue of this section, it is immaterial to guilt whether or not the accused was a British citizen at the time of any act or other event proof of which is required for conviction of the offence.

(13) References in any enactment, instrument or document (except those in this Part of this Act) to an offence of conspiracy to commit an offence include an offence triable in England and Wales as such a conspiracy by virtue of this section (without prejudice to subsection (6) above).

(14) Nothing in this section

(a) applies to an agreement entered into before the day on which the Criminal Justice (Terrorism and Conspiracy) Act 1998 was passed, or
(b) imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.

PART 1
OFFENCES

2 Conduct ancillary to genocide etc.

(1) It shall be an offence for a person to engage in conduct ancillary to an act that constitutes —
an offence under section 1(1) of this Act ; or
an offence under this section.

Part 5 Offences under domestic law

England and Wales

55 Meaning of “ancillary offence”

(1) References in this Part to an ancillary offence under the law of England and Wales are to—

(a) aiding, abetting, counselling or procuring the commission of an offence,
(b) inciting a person to commit an offence,
(c) attempting or conspiring to commit an offence, or
(d) assisting an offender or concealing the commission of an offence.

(2) In subsection (1)(a) the reference to aiding, abetting, counselling or procuring is to conduct that in relation to an indictable offence would be punishable under section 8 of the Accessories and Abettors Act 1861 (c. 94).

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

(4) In subsection (1)(c)—
(a) the reference to an attempt is to conduct amounting to an offence under section 1 of the Criminal Attempts Act 1981 (c. 47); and
(b) the reference to conspiracy is to conduct amounting to an offence of conspiracy under section 1 of the Criminal Law Act 1977 (c. 45).

(5) In subsection (1)(d)—
(a) the reference to assisting an offender is to conduct that in relation to a relevant offence would amount to an offence under section 4(1) of the Criminal Law Act 1967 (c. 58); and
(b) the reference to concealing an offence is to conduct that in relation to a relevant offencewould amount to an offence under section 5(1) of that Act.

Part 5 Offences under domestic law

Northern Ireland

62 Meaning of “ancillary offence”

(1) References in this Part to an ancillary offence under the law of Northern Ireland are to—
(a) aiding, abetting, counselling or procuring the commission of an offence,
(b) inciting a person to commit an offence,
(c) attempting or conspiring to commit an offence, or
(d) assisting an offender or concealing the commission of an offence.

(2) In subsection (1)(a) the reference to aiding, abetting, counselling or procuring is to conduct that in relation to an indictable offence would be punishable under section 8 of the Accessories and Abettors Act 1861 (c. 94).

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

(4) In subsection (1)(c)—
(a) the reference to an attempt is to conduct amounting to an offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)) ; and
(b) the reference to conspiracy is to conduct amounting to an offence of conspiracy under Article 9 of that Order.

(5) In subsection (1)(d)—
(a) the reference to assisting an offender is to conduct that in relation to a relevant offence would amount to an offence under section 4(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)); and
(b) the reference to concealing an offence is to conduct that in relation to a relevant offence would amount to an offence under section 5(1) of that Act.

PART 5
OFFENCES UNDER DOMESTIC LAW

Introduction

Genocide, crimes against humanity and war crimes
55.—(1) It is an offence against the law of the Territory for a person to commit genocide, a crime against humanity or a war crime.

(2) This section applies to acts committed—

(a) in the Territory, or
(b) outside the Territory by a United Kingdom national, a Territory resident or a person subject to Territory service jurisdiction.


Conduct ancillary to genocide, etc. committed outside jurisdiction
56.—(1) It is an offence against the law of the Territory for a person to engage in conduct ancillary to an act to which this section applies.

(2) This section applies to an act that if committed in the Territory would constitute—

(a) an offence under section 51 (genocide, crime against humanity or war crime), or
(b) an offence under this section,

but which, being committed (or intended to be committed) outside the Territory, does not constitute such an offence.

(3) The reference in subsection (1) to conduct ancillary to such an act is to conduct that would constitute an ancillary offence in relation to that act if the act were committed in the Territory.

(4) This section applies where the conduct in question consists of or includes an act committed—

(a) in the Territory, or
(b) outside the Territory by a United Kingdom national, a Territory resident or a person subject to Territory service jurisdiction.

PART 5
OFFENCES UNDER DOMESTIC LAW

Introduction

Meaning of “ancillary offence”
59.—(1) References in this Part to an ancillary offence under the law of the Territory are to—

(a) aiding, abetting, counselling or procuring the commission of an offence,
(b) inciting a person to commit an offence,
(c) attempting or conspiring to commit an offence, or
(d) assisting an offender or concealing the commission of an offence .

(2) In subsection (1)(a) the reference to aiding, abetting, counselling or procuring is to such conduct, however expressed, that in relation to an indictable offence would be punishable under the law of the Territory, whether under any provision of that law or at common law.

(3) In subsection (1)(b) the reference to incitement is to conduct amounting to an offence of incitement, however expressed, under the law of the Territory, whether under any provision of that law or at common law.

(4) In subsection (1)(c)—

(a) the reference to an attempt is to conduct amounting to an offence of attempt, however expressed, under the law of the Territory, whether under any provision of that law or at common law; and
(b) the reference to conspiracy is to conduct amounting to an offence of conspiracy, however expressed, under the law of the Territory, whether under any provision of that law or at common law.

(5) In subsection (1)(d)—

(a) the reference to assisting an offender is to such conduct that would amount to an offence under the law of the Territory, whether under any provision of that law or at common law; and
(b) the reference to concealing an offence is to such conduct that would amount to an offence under the law of the Territory, whether under any provision of that law or at common law.