Section 62 Meaning of “ancillary offence”
England, Wales and Northern Ireland
References in this Part to an ancillary offence under the law of Northern Ireland are to—
aiding, abetting, counselling or procuring the commission of an offence,
attempting or conspiring to commit an offence, or
assisting an offender or concealing the commission of an offence.
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).
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In subsection (1)(c)—
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
the reference to conspiracy is to conduct amounting to an offence of conspiracy under Article 9 of that Order.
In subsection (1)(d)—
the reference to assisting an offender is to conduct that in relation to F2a relevant offence would amount to an offence under section 4(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)); and
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.
Annotations
Textual amendments
- F1
S. 62(3) repealed (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 61(3), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)
- F2
Words in s. 62(5)(a)(b) substituted (1.3.2007) by The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1, 15, Sch. 1 para. 36(2)
Modifications
- C1
S. 62(1)(b) modified (prosp.) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 94, Sch. 6 para. 42 (with Sch. 13 para. 5)
- C2
S. 62(1)(b) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 42 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)