Encouraging or Assisting Crime in the UK

What Is Encouraging or Assisting Crime?

Encouraging or assisting crime refers to conduct that 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 

A person may be prosecuted even if the main offence does not ultimately take place. The focus is on whether the act was capable of encouraging or assisting an offence and whether the required intention or belief can be proved.

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 Serious Crime Act 2007 created three main offences relating to encouraging or assisting crime.

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

How Prosecutors Prove Encouraging or Assisting Crime

The prosecution must prove the legal elements of the offence beyond reasonable doubt.

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. 

Examples of Assisting Criminal Activity

Encouraging or assisting crime can arise in many different circumstances.

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 some investigations, encouraging or assisting offences may be considered alongside other allegations, such as conspiracy, fraud, drugs offences, or organised crime.

Possible Defences

Defending an allegation of encouraging or assisting crime requires careful review of the evidence and the accused person’s state of mind.

Possible defences may include: 

Lack of Intent

The prosecution must prove the required intent or belief. 

If the evidence does not show that the accused intended to encourage or assist crime, or believed the offence would be committed where that is required, the allegation may be challenged.

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, there may be evidence that a person withdrew from involvement, or that their role has been overstated.

Acting Reasonably

The Serious Crime Act 2007 includes a defence where a person acted reasonably in the circumstances they knew, or reasonably believed existed.

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 

When to Seek Legal Advice

Allegations of encouraging or assisting crime can arise unexpectedly during wider 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. 

A person may believe they were only loosely connected to events, while investigators may interpret messages, meetings, payments, or practical help as support for criminal activity.

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 

Legal advice should be obtained early, especially before a police interview or any formal response to the allegation.

Speak to a Criminal Defence Solicitor

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

If you are under investigation or facing charges, advice from a solicitor experienced in Serious and Complex Crimes can help you understand the evidence, the legal test and the options available.

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