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Conspiracy

s.1Criminal Law Act 1977

Agreeing with one or more other people on a course of conduct that, if carried out as intended, will necessarily amount to or involve an offence.

Conspiracy · Criminal Law Act 1977, s.1Card 178 / 195

Points to prove

Agreed with one or more other persons
That a course of conduct would be pursued
Which, if carried out as they intended, would necessarily amount to or involve the commission of an offence by one or more of the parties
Or would do so but for facts that make the offence impossible (s.1(1)(b))
s.1(2)Where the offence needs no knowledge of a fact or circumstance, the defendant and at least one other party intended or knew it would exist

Key definitions

Agreement – the offence is complete when the agreement is made. Nothing has to be done to carry it out, and the agreed offence does not have to be committed.
Necessarily amount to or involve – judged on the agreement being carried out as the parties intended.
Offence – s.1(4): an offence triable in England and Wales. Conspiracy to commit certain offences abroad is covered by s.1A.

Defences

Intended victim – s.2(1): a person is not guilty of conspiracy to commit an offence of which they are an intended victim.
Excluded parties – s.2(2): there is no conspiracy if the only other parties, throughout the agreement, are the defendant’s spouse or civil partner, a child under the age of criminal responsibility (under 10), or an intended victim.

Good to know

Common law conspiracy was abolished by s.5, except conspiracy to defraud (maximum 10 years, s.12(3) Criminal Justice Act 1987) and conspiracy to corrupt public morals or outrage public decency.
Conspiracy to commit a summary offence needs the consent of the Director of Public Prosecutions (s.4(1)). Proceedings under s.1A need the consent of the Attorney General (s.4(5)).
No proceedings for conspiracy can be brought if proceedings for the agreed offence are out of time (s.4(4)).

Legislation: Criminal Law Act 1977, s.1 (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: The same maximum term as the offence agreed on (on indictment, s.3(3)); life imprisonment if that offence is murder, carries life or has no set maximum term (s.3(2)); a fine only if the offence is not imprisonable
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Conspiracy: questions people ask

What are the points to prove for conspiracy?

1. Agreed with one or more other persons 2. That a course of conduct would be pursued 3. Which, if carried out as they intended, would necessarily amount to or involve the commission of an offence by one or more of the parties 4. Or would do so but for facts that make the offence impossible (s.1(1)(b)) 5. Where the offence needs no knowledge of a fact or circumstance, the defendant and at least one other party intended or knew it would exist

What is the maximum sentence for conspiracy?

The same maximum term as the offence agreed on (on indictment, s.3(3)); life imprisonment if that offence is murder, carries life or has no set maximum term (s.3(2)); a fine only if the offence is not imprisonable.

Is conspiracy a summary, either-way or indictable offence?

Conspiracy is indictable only: it can only be tried in the Crown Court.

What Act and section is conspiracy?

Conspiracy is an offence under the Criminal Law Act 1977, s.1.

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