Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Conspiracy definition

What does Conspiracy mean? In practice, conspiracy refers to the inchoate offence of two or more persons agreeing that a course of conduct be pursued which will necessarily involve the commission of a criminal offence. The offence is complete on agreement; the substantive crime need not be carried out. In England and Wales, conspiracy is principally a statutory offence under the Criminal Law Act 1977, requiring an agreement with intent that the conduct be carried out and that it will involve an offence. Common law conspiracy to defraud is preserved, as are the rare common law conspiracies to corrupt public morals and to...

Conspiracy: statutory and common law, elements, evidential issues, jurisdiction and sentencing (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

There are three main inchoate offences in English law:

conspiracy — where two or more individuals have agreed to carry out a criminal act;
attempt — where the defendant has endeavoured to commit an offence and come fairly close to fulfilling the aim (see Practice Note: Attempt); and
encouraging or assisting a crime (previously incitement) — where the defendant has encouraged or helped another to commit an offence (see Practice Note: Encouraging and assisting criminality).

An inchoate offence is incomplete: it arises when a person takes steps towards committing a crime, yet their conduct stops short of the finished offence. The exception is conspiracy to defraud, where the intended outcome need not itself be criminal. That offence is considered separately; see Practice Note: to defraud.

Inchoate offences are not chargeable on their own, ie there is no standalone charge of conspiracy or attempt. A substantive offence is required, and the indictment must be framed by reference to the full offence, eg conspiracy to murder. Where an indictment pleads an ulterior offence, it must identify the specific offence alleged...

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Angharad Hughes

Howard Kennedy LLP

Angharad Hughes is a barrister at Howard Kennedy LLP. She came to the firm with experience of a flourishing criminal defence practice from a leading criminal set. Angharad’s instructions cover a wide range of matters including violent crime, dishonesty, confiscation, weapons, drugs, road traffic and public order offences. She also has experience in bringing private prosecutions on behalf of corporate entities.She now specialises in financial and complex crime, civil recovery and fraud. She is known for her ability to quickly and competently grasp central issues.She is also the founder of Griffin-LAW, a pro-bono project advancing social mobility at the Bar....

Web page updated on 21/05/2026

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