| Statutory
Conspiracy. Criminal Law Act 1977
Offence:
Statutory Conspiracy. Criminal Law Act 1977
Statutory
conspiracy is defined by section 1 of the criminal
law act 1977
Under section
1(1) if a person agrees with any other person
or persons that a course of conduct shall be pursued
which, if the agreement is carried out in accordance
with their
intentions, either -
(a) will necessarily amount to or involve the
commission of any offence or offences by one or
more of the parties to the agreement, or
(b) would do so but for the existence of facts
which render the commission of the offence or
any of the offences impossible,
He is guilty
of conspiracy to commit the offence or offences
in question.
Accordingly,
it is an offence to agree to commit any criminal
offence even one which is tryable only summarily.
However, by section 4 a conspiracy to commit a
summary only offence can only be prosecuted by
or with the consent of the director of public
prosecutions.
Penalties:
Statutory Conspiracy. Criminal Law Act 1977
Statutory
conspiracy is triable only on indictment. A person
convicted under section 1 is liable to a sentence
of imprisonment for a term not exceeding the maximum
provided for the offence that he has conspired
to commit.
Specimen
Charge/Summons: Statutory Conspiracy. Criminal
Law Act 1977
For example, in
respect of the substantive offence contrary to
section 107 (1)(a) of the copyright, designs and
patents act 1988 the appropriate charge/summons
is:
On a day
between the ... Day of... 19 and the ... Day of...
19.. In the county of... And elsewhere
conspired
with ... And with persons unknown, without the
licence of the copyright owner, to make for sale
or hire articles, namely ... Which were and which
you knew or had reason to believe to be infringing
copies of copyright works contrary to section
1(1) of the criminal law act 1977
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