IncitementBasic Overview

Overview

Aiding & abetting is a derivative offence.

Liability derives from the crime of the principal.

i.e. No liability for aiding & abetting if nobody actually commits a crime.

Incitement is different. It is another inchoate offence. It does not require any crime to be committed.

Session Objectives

By the end of the session, all learners will:

Be able to explain the law of incitement.

Be able to explain how it differs from aiding and abetting.

Serious Crime Act 2007

Section 44(1)

A person commits an offence if—

(a)he does an act capable of encouraging or assisting the commission of an offence; and

(b)he intends to encourage or assist its commission.

(2)But he is not to be taken to have intended to encourage or assist the commission of an offence merely because such encouragement or assistance was a foreseeable consequence of his act.

Serious Crime Act 2007

R v Sutcliffe (2011)

D made a Facebook page entitled "The Warrington Riots".

Sent invitations to 400 contacts to meet at a carvery.

47 people confirmed their intention to attend.

Guilty under section 44(1).

Serious Crime Act 2007

In R v Sutcliffe, he was guilty even though nobody from the group got involved in the riots.

If he had been charged under the Aiders and Abettors Act 1861, the prosecution would have to prove that he encouraged others to riot, and that they actually did riot.

Serious Crime Act 2007

Section 45

A person commits an offence if—

(a)he does an act capable of encouraging or assisting the commission of an offence; and

(b)he believes—

(i)that the offence will be committed; and

(ii)that his act will encourage or assist its commission.

Serious Crime Act 2007

Penny drives Sheldon to a nearby parking lot, knowing that Sheldon intends to murder Leonard once he arrives. When they arrive at the car park, Sheldon exists the vehicle and walks toward Leonard. He pulls out a gun and fires at Leonard. He misses. Leonard runs away and calls the police.

Sheldon is arrested and charged with attempted murder.

Penny is charged with encouraging or assisting murder.

Summary

The offence of incitement is found in the Serious Crime Act 2007.

Either D intends to encourage or assist; or else he believes that P will commit the offence and goes on to assist him anyway.

It is an inchoate offence. Does not require proof that the crime ever happened.