Section 46 Encouraging or assisting offences believing one or more will be committedC1I1
A person commits an offence if—
he does an act capable of encouraging or assisting the commission of one or more of a number of offences; and
he believes—
that one or more of those offences will be committed (but has no belief as to which); and
that his act will encourage or assist the commission of one or more of them.
It is immaterial for the purposes of subsection (1)(b)(ii) whether the person has any belief as to which offence will be encouraged or assisted.
If a person is charged with an offence under subsection (1)—
the indictment must specify the offences alleged to be the “number of offences” mentioned in paragraph (a) of that subsection; but
nothing in paragraph (a) requires all the offences potentially comprised in that number to be specified.
In relation to an offence under this section, reference in this Part to the offences specified in the indictment is to the offences specified by virtue of subsection (3)(a).
Annotations
Modifications
- C1
Pt. 2 restricted by 2007 c. 19, s. 18(1A) (as inserted (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 62, 94(1) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))
Commencement
- I1
S. 46 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
Notes on Part 2
Modifications
- C2
Pt. 2 applied (with modifications) by 2003 c. 42, Sch. 4 para. 6(3) (as inserted (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(5), 15(1))