Section 398 Ancillary and inchoate offencesI1

(1)

Nothing in this Code is to be taken to affect the operation of the following (liability as an accessory)—

(a)

section 8 of the Accessories and Abettors Act 1861, or

(b)

section 44 of the Magistrates' Courts Act 1980.

(2)

Accordingly, any reference in this Act to an offence includes a reference to that offence committed by aiding, abetting, counselling or procuring the commission of that offence.

(3)

In this Code, “inchoate offence” in relation to an offence, means—

(a)

an attempt to commit the offence,

(b)

conspiracy to commit the offence,

(c)

an offence under Part 2 of the Serious Crime Act 2007 related to the offence, or

(d)

incitement to commit the offence,

but this is subject to subsection (4).

(4)

Paragraph (d) of subsection (3) does not apply for the purposes of—

(a)

section 67 (assaults on emergency workers);

(b)

F1Part 1 or 2 of Schedule 13 (special sentence for offenders of particular concern: offences).

But paragraph (b) is not to be taken to affect the operation of paragraph F28 or 12 of Schedule 13 (abolished offences).

(5)

For the purposes of this Code, an offence committed by a person under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) is related to another offence if that other offence is the offence (or one of the offences) which the person intended or believed would be committed.

Annotations

Textual amendments

F1: Words in s. 398(4)(b) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(9)(f), 49(4)
F2: Words in s. 398(4) substituted (30.4.2021 except as it has effect for the purposes of Sch. 13 as it is applied by 2006 c. 52, s. 224A) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i)(3)(i), Sch. 13 para. 12(1) (with Sch. 13 para. 12(2))

Commencement

I1: S. 398 in force at 1.12.2020 by S.I. 2020/1236, reg. 2