Criminal Law Principles Flashcards

What is 'incitement' (now encouraging or assisting crime) under the Serious Crime Act 2007?

Answer: Intentionally encouraging or assisting another person to commit an offence

The Serious Crime Act 2007 (ss.44-46) replaced the common law offence of incitement. It criminalises intentionally encouraging or assisting another to commit an offence, or believing they will commit it.

What is the actus reus of conspiracy under the Criminal Law Act 1977?

Answer: An agreement between two or more people to carry out a course of conduct that will necessarily involve the commission of an offence

Statutory conspiracy under s.1 Criminal Law Act 1977 requires an agreement between two or more persons to pursue a course of conduct that, if carried out in accordance with their intentions, will necessarily amount to or involve the commission of an offence.

What is an 'attempt' under the Criminal Attempts Act 1981?

Answer: An act that is more than merely preparatory to the commission of the offence, done with intent to commit it

S.1 Criminal Attempts Act 1981 criminalises doing an act which is more than merely preparatory to the commission of an offence, with intent to commit the full offence. The line between preparation and attempt is a question of fact for the jury.

What is the effect of a successful plea of 'not guilty by reason of insanity'?

Answer: A special verdict leading to a hospital order, supervision order, or absolute discharge

A successful insanity defence results in a 'special verdict' of 'not guilty by reason of insanity'. Under the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, the court may impose a hospital order, supervision order, or absolute discharge.

What is 'aiding and abetting' in criminal law?

Answer: Assisting or encouraging the principal offender to commit the offence, creating secondary liability

Aiding (assisting) and abetting (encouraging/instigating) are forms of secondary participation under s.8 Accessories and Abettors Act 1861. An aider and abettor must assist or encourage with knowledge of the essential elements of the offence.

What is 'handling stolen goods' under s.22 Theft Act 1968?

Answer: Dishonestly receiving stolen goods, or undertaking, assisting, or arranging their retention, removal, disposal, or realisation, knowing or believing them to be stolen

S.22 Theft Act 1968 makes it an offence to handle stolen goods by dishonestly receiving them or undertaking or assisting in their retention, removal, disposal, or realisation, knowing or believing them to be stolen.