ABSTRACT
Introduction It is an offence at common law to encourage, persuade or demand another to commit a crime. This offence is known as incitement. The actus reus of the offence may be committed verbally, in writing, by publication or by behaviour such as offering a prohibited article for sale (Invicta Plastics Ltd v Clare (1976)). In some of these situations the incitement may not even be explicit but implied in the words or behaviour of the defendant, but that does not affect liability. The defendant must actually incite the perpetrator of the offence and cannot incite through a third party (James and Ashford (1985)). The inciter must intend that the crime they are inciting is carried out; so they must have mens rea in relation to the actus reus of the substantive offence (whether or not it is actually ever carried out). Unlike the other inchoate offences of attempt and conspiracy, there can be no liability at all for inciting another to commit a crime which is impossible, regardless of why it is impossible.
