The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
The common law offence of incitement was abolished as of 1 October 2008, the date on which the Serious Crime Act 2007 (SCA 2007) was brought into force. Incitement was replaced by encouraging or assisting offences under SCA 2007, ss 44–46 which are types of inchoate offences meaning that they relate to illegal acts which have yet to be committed. Proceedings may still be instituted for the common law offence of incitement in respect of any offences of incitement committed wholly or partly before 1 October 2008.
SCA 2007 provides for three ways to be involved in encouraging criminality:
intentionally encouraging or assisting an offence
encouraging or assisting an offence with the belief that it will be committed, and
encouraging or assisting offences, believing one or more will be committed
An offence is committed when:
a person acts in a way that is capable of encouraging or assisting the commission of an offence, and
the encouragement or assistance is intended for the commission of the offence
It is a complete offence when assistance is given; the potential offender does not have to commit the offence that is encouraged. The offence can therefore be complete regardless of whether the encouragement or assistance has the effect the defendant believed it would.
The act the defendant commits must have the potential to encourage or assist in the commission of
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.