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Intentionally encouraging or assisting an offence

s.44Serious Crime Act 2007

Doing an act capable of encouraging or assisting another person to commit an offence, intending to encourage or assist its commission.

Intentionally encouraging or assisting an offence · Serious Crime Act 2007, s.44Card 177 / 195

Points to prove

s.44(1)(a)Did an act capable of encouraging or assisting the commission of an offence
s.44(1)(b)Intended to encourage or assist its commission (it is enough to intend to encourage or assist the act that would amount to the offence, s.47(2))
s.47(5)(a)If the offence needs fault, believed or was reckless as to whether the act would be done with that fault, or had that fault themselves
s.47(5)(b) and (7)If the offence needs particular circumstances or consequences, intended or believed that the act would be done in those circumstances or with those consequences, or was reckless as to that

Key definitions

Capable of encouraging – s.65(1): includes threatening another person or otherwise putting pressure on them to commit the offence.
Capable of assisting – s.65(2): includes taking steps to reduce the chance of proceedings for the offence, and failing to take reasonable steps to carry out a duty.
Intention – s.44(2): it is not enough that encouragement or assistance was a foreseeable result of the act.
No offence needed – s.49(1): the offence encouraged or assisted does not have to be committed, or even attempted.

Defences

Acting reasonably – s.50: the defendant proves that they knew certain circumstances existed (or reasonably believed they did) and that it was reasonable to act as they did in those circumstances. The court considers how serious the anticipated offence is, and any purpose or authority the defendant claims.
Protected victims – s.51: a person cannot commit this offence by reference to an offence that exists to protect a category of people they belong to, if they are the person it protects.

Good to know

Related offences: s.45 (believing the offence will be committed) and s.46 (believing one or more of a number of offences will be committed, indictable only).
The common law offence of incitement was abolished by s.59.
Unlike aiding and abetting, which needs the main offence to be committed, this offence is complete when the act is done.

Legislation: Serious Crime Act 2007, s.44 (opens legislation.gov.uk in a new tab)
Mode of trial: As for the offence encouraged or assisted
Maximum penalty: The same as for the offence encouraged or assisted (s.58(3)); life imprisonment if that offence is murder
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Intentionally encouraging or assisting an offence: questions people ask

What are the points to prove for intentionally encouraging or assisting an offence?

1. Did an act capable of encouraging or assisting the commission of an offence 2. Intended to encourage or assist its commission (it is enough to intend to encourage or assist the act that would amount to the offence, s.47(2)) 3. If the offence needs fault, believed or was reckless as to whether the act would be done with that fault, or had that fault themselves 4. If the offence needs particular circumstances or consequences, intended or believed that the act would be done in those circumstances or with those consequences, or was reckless as to that

What is the maximum sentence for intentionally encouraging or assisting an offence?

The same as for the offence encouraged or assisted (s.58(3)); life imprisonment if that offence is murder.

Is intentionally encouraging or assisting an offence a summary, either-way or indictable offence?

It depends on the offence: as for the offence encouraged or assisted.

What Act and section is intentionally encouraging or assisting an offence?

Intentionally encouraging or assisting an offence is an offence under the Serious Crime Act 2007, s.44.

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