Jurisdiction(s):
United Kingdom

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Key definition

Common law definition

What does Common law mean? In practice, common law means judge‑made rules developed through case law and applied by courts when resolving disputes, filling gaps where no statute applies, and guiding statutory interpretation. It is not defined by legislation; it is a descriptive label for principles articulated in judicial decisions and followed under the doctrine of precedent (stare decisis). Key features include incremental development, binding effect according to the court hierarchy, and availability of judge‑made remedies. It encompasses both common law and (in England & Wales, Northern Ireland and Ireland) equitable doctrines, such as fiduciary duties, trusts and injunctions. In Scotland, the mixed system uses...

Encouraging or Assisting Offences (SCA 2007 ss 44–46): Replacing Incitement—Elements, Scope, Penalties, Impossibility and Defences (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

Encouraging criminality

As of 1 October 2008, when the Serious Crime Act 2007 (SCA 2007) came into force, the common law offence of incitement was abolished. In its place, SCA 2007, ss 44–46 introduced the offences of encouraging or assisting, which are inchoate in nature, covering unlawful conduct that has not yet occurred.

Under the SCA 2007 there are three routes to liability for encouraging criminality:

intentionally encouraging or assisting an offence
encouraging or assisting an offence while believing it will be carried out
encouraging or assisting offences, believing that one or more will be carried out

An offence is made out where both of the following apply:

a person does something capable of encouraging or assisting the commission of an offence, and
that encouragement or assistance is intended to bring about the commission of the offence

The offence is complete upon the giving of assistance; the prospective principal need not actually commit the encouraged offence. Accordingly, liability is complete irrespective of whether the encouragement or assistance produces the result the defendant anticipated...

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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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