p. 68115. Inchoate offences: attempt, conspiracy and assisting and encouraging under the Serious Crime Act 2007
- Janet Loveless, Janet LovelessFormer Senior Lecturer in Law, London Metropolitan University
- Mischa AllenMischa AllenSenior Lecturer in Law, London Metropolitan University
- and Caroline DerryCaroline DerryLecturer in Law, The Open University
This chapter examines different types of inchoate offences in Great Britain, which include attempt, conspiracy, and encouraging or assisting. It explains the conditions of liability for these offences, discusses the relevant provisions of the Serious Crime Act 2007, clarifies the general principles of these offences, and identifies their actus reus and mens rea elements. It also explores and clarifies the difference between these offences. The chapter discusses the three offences that replace the common law offence of incitement which apply to one who ‘facilitates’ another’s offence. Examples of relevant cases and analyses of court decisions in each of them are also provided.