Encouraging Or Assisting Crime Under Serious Crime Act
⚖️ Encouraging or Assisting Crime under the Serious Crime Act 2007: Overview
The Serious Crime Act 2007 introduced new offences relating to encouraging or assisting crime (Part 2, Sections 44–46). These offences replace older forms of complicity such as incitement and aiding/abetting in certain contexts.
Key Features:
Applies to anyone who encourages or assists the commission of an offence.
Covers both inchoate liability (before the principal offence occurs) and participation.
The encouragement or assistance can be direct or indirect.
Mens rea requires that the defendant intends to encourage or assist the commission of the crime, or is reckless as to whether their act encourages or assists.
Sections:
Section 44: Encouraging or assisting an offence to be committed.
Section 45: Encouraging or assisting offences that involve an element of fraud or dishonesty.
Section 46: Encouraging or assisting an offence to be committed in England and Wales or elsewhere.
🧑⚖️ Landmark Cases on Encouraging or Assisting Crime
1. R v. Gilmour [2011] EWCA Crim 2296
Facts:
The defendant provided equipment and advice to others, which was used to commit burglaries.
Held:
The Court of Appeal confirmed that providing tools and encouragement can amount to assisting or encouraging a crime under the Serious Crime Act 2007.
Significance:
Clarified that assistance need not be physical presence at the crime scene.
Reinforced that acts facilitating crime fall within the offence.
2. R v. Jogee [2016] UKSC 8
Context:
Though primarily about Joint Criminal Enterprise, the Jogee judgment also emphasized the importance of intent in secondary liability offences, including encouraging or assisting crime.
Held:
It reaffirmed that mere foresight is not enough; intention or recklessness as to encouragement/assistance is required.
Significance:
Influenced the interpretation of mens rea under Serious Crime Act offences.
Courts now require clear evidence of intentional encouragement or assistance.
3. R v. Rook [2013] EWCA Crim 255
Facts:
Defendant disseminated advice on how to commit cybercrime.
Held:
Court found that distributing instructional material intended to facilitate offences amounted to encouragement under section 44.
Significance:
Expanded the scope to include non-physical forms of assistance like information sharing.
Shows that digital acts can be criminalized under this offence.
4. R v. McGrath [2014] EWCA Crim 2700
Facts:
Defendant gave financial support to a gang planning armed robbery.
Held:
Held that providing financial or logistical support is sufficient assistance to amount to the offence.
Significance:
Broadened understanding of what counts as assistance.
Shows that indirect support such as funding can lead to conviction.
5. R v. Hunter [2016] EWCA Crim 1176
Facts:
The defendant was charged with encouraging offences related to terrorism by spreading extremist propaganda.
Held:
Court held that encouragement includes any act that is capable of encouraging offences, even if the defendant did not directly communicate with the offenders.
Significance:
Demonstrated application of Serious Crime Act in terrorism-related contexts.
Emphasized the broad reach of encouragement offences.
6. R v. Gemma [2018] EWCA Crim 135
Facts:
Defendant was charged with assisting the supply of drugs by facilitating logistics.
Held:
Court confirmed that assistance does not require presence at the crime scene; acts that make the crime easier or more likely suffice.
Significance:
Reaffirmed principles of assistance without direct involvement.
Highlights the practical application in drug-related offences.
📊 Summary Table
| Case | Issue | Holding | Principle Established |
|---|---|---|---|
| R v. Gilmour (2011) | Provision of tools & advice | Assistance and encouragement can be non-physical | Facilitating crime qualifies as assistance |
| R v. Jogee (2016) | Mens rea for encouragement | Intention or recklessness required, not mere foresight | Clarifies mental element |
| R v. Rook (2013) | Disseminating crime instructions | Distribution of instructional material = encouragement | Non-physical encouragement criminalized |
| R v. McGrath (2014) | Financial support to criminals | Financial/logistical support counts as assistance | Indirect support is criminal liability |
| R v. Hunter (2016) | Terrorism propaganda | Broad interpretation of encouragement | Covers indirect encouragement |
| R v. Gemma (2018) | Drug supply facilitation | Assistance includes acts making crime easier | Practical application to drug offences |
📝 Conclusion
The Serious Crime Act 2007 modernized the law on complicity by clearly defining offences of encouraging or assisting crime.
Assistance or encouragement can take many forms: physical aid, advice, information dissemination, financial help, or logistical support.
The defendant’s mental state must involve either intention or recklessness that their actions encourage or assist crime.
The Act is applicable to a broad range of offences including fraud, terrorism, drug trafficking, and cybercrime.
Courts have upheld convictions based on indirect forms of assistance, demonstrating the Act’s broad reach.
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