Incitement

Covered under Part 2 of the Serious Crime Act 2007 encouraging and assisting a crime. It is possible to commit the crime detailed under the statute without the substantive crime being committed. This dramatically increases the scope of incitement, since the act of D can be very remote from the commission of the offence. Actus Reus: Encouragement whilst not defined within the statute, it is taken to mean some communiation or gesture which might persuade, induce or influence P to commit a crime. It does not matter that the encouragement has no effect on P. Assistance this also is not defined within the statute. It is enough that Ds act be capable of encouraging or assisting P. Mens Rea: Section 44 will be fulfilled if D intended to encourage or assist in the commission of a crime. The other two offences will be committed where D believes that the offence or one of the number of offences will be committed and that their act will encourage or assist the offence. It is not enough if D believes the offence may be committed. It is also possible to convict D if they intended to encourage or assist an act that would form a part of the commission of a crime. Defences: Withdrawal since the offence is committed at the point where D completed the act capable of encouraging or assisting, any withdrawal can only count at most as mitigation. Acting reasonably section 50 of the Serious Crime Act recognises the defence of acting reasonably. Victims D would have a defence if she would be the victim of the substantive offence that she assists or encourages, provided the offence is a protective offence.