AC-2023-LON-001835 - [2025] EWHC 2770 (Admin)

Section 44:

“Intentionally encouraging or assisting an offence

(1)

A person commits an offence if–

(a)

he does an act capable of encouraging or assisting the commission of an offence; and

(b)

he intends to encourage or assist its commission.

(2)

But he is not to be taken to have intended to encourage or assist the commission of an offence merely because such encouragement or assistance was a foreseeable consequence of his act.”

Section 45:

“A person commits an offence if–

(a)

he does an act capable of encouraging or assisting the commission of an offence; and

(b)

he believes–

(i)

that the offence will be committed; and

(ii)

that his act will encourage or assist its commission.”

Section 52:

“Jurisdiction

(1)

If a person (D) knows or believes that what he anticipates might take place wholly or partly in England or Wales, he may be guilty of an offence under section 44, 45 no matter where he was at any relevant time.

(2)

If it is not proved that D knows or believes that what he anticipates might take place wholly or partly in England or Wales, he is not guilty of an offence under section 44, 45 unless paragraphs 1, 2 or 3 of Schedule 4 applies.

(3)

A reference in this section (and in any of those paragraphs) to what D anticipates is to be read as follows–

(a)

in relation to an offence under section 44 or 45, it refers to the act which would amount to the commission of the anticipated offence.”