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Assisting an offender

s.4Criminal Law Act 1967

Doing any act, without lawful authority or reasonable excuse, intending to impede the arrest or prosecution of someone you know or believe has committed a relevant offence.

Assisting an offender · Criminal Law Act 1967, s.4Card 114 / 85

Points to prove

Another person had committed a relevant offence
The defendant knew or believed that person to be guilty of that offence or some other relevant offence
Did an act
Without lawful authority or reasonable excuse
With intent to impede that person's apprehension or prosecution

Key definitions

Relevant offence – s.4(1A): an offence with a sentence fixed by law (such as murder), or an offence for which an adult with no previous convictions may be sentenced to 5 years’ imprisonment or more.
Knowing or believing – the defendant need not know exactly which offence was committed. Belief in guilt of “some other relevant offence” is enough.
Act – there must be a positive act, such as hiding the offender, destroying evidence or giving police false information. Simply failing to report the offence is not enough.

Good to know

Maximum penalty – s.4(3): 10 years if the original offence has a sentence fixed by law; 7 years if it carries 14 years; 5 years if it carries 10 years; 3 years in any other case.
The prosecution must prove that the original offence was actually committed by the other person, not just that the defendant believed it was.
Proceedings need the consent of the Director of Public Prosecutions (s.4(4)).
On a trial on indictment for a relevant offence, if the jury is satisfied the offence was committed but acquits the defendant of committing it, they can convict of assisting an offender instead (s.4(2)).

Legislation: Criminal Law Act 1967, s.4 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way if the original offence is either way; otherwise indictable only
Maximum penalty: 10, 7, 5 or 3 years' imprisonment (on indictment), depending on the original offence