
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