OpenLegislation

Section 56 Persons who may be perpetrators or encouragers etc.C1I1

(1)

In proceedings for an offence under this Part (“the inchoate offence”) the defendant may be convicted if—

(a)

it is proved that he must have committed the inchoate offence or the anticipated offence; but

(b)

it is not proved which of those offences he committed.

(2)

For the purposes of this section, a person is not to be treated as having committed the anticipated offence merely because he aided, abetted, counselled or procured its commission.

(3)

In relation to an offence under section 46, a reference in this section to the anticipated offence is to be read as a reference to an offence specified in the indictment.

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. 56 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))