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The differences between attempted complicity and inchoate assisting and encouraging — a reply to Professor Bohlander

journal contribution
posted on 2023-06-08, 15:33 authored by John Child
This article explores a recent comment piece by Professor Michael Bohlander in which he contends that there is a clash between the new assisting and encouraging provisions (Pt 2 of the Serious Crime Act 2007) and Criminal Attempts Act 1981 s.1(4)(b) which excludes liability for attempted complicity. It will be argued that Bohlander’s recommendation that the latter should be repealed is unsound both in terms of the viability and the desirability of allowing an offence of attempted complicity. The only exception to this, also explored in the article, is the potential for an offence of attempting to procure a no-fault offence.

History

Publication status

  • Published

File Version

  • Published version

Journal

Criminal Law Review

ISSN

0011-135X

Publisher

Sweet and Maxwell

Volume

12

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2013-09-11

First Compliant Deposit (FCD) Date

2013-09-03

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