chapter  8
16 Pages

Towards a Rational Reconstruction of the Law on Secondary Participation and Inchoate Offences

ByClaire de Than, Jesse Elvin

This chapter focuses on the complex relationship between the so-called 'inchoate offences' of attempt and conspiracy on the one hand and the law of complicity on the other. Most conspiracies, if carried out, would result in liability for joint enterprise or as an accomplice; the chapter explores that there are hence strong reasons in favour of streamlining the law between inchoate offences and participation in crime. Again, the statutory version of the conspiracy offence under the Criminal Law Act 1977 removed various problems in the law, but the chapter examines that there is still work to be done. This chapter focuses upon the law of conspiracy, and argued that it needs comprehensive statutory reform in order to produce a clear, coherent, and human rights-compliant system that fits logically with the law on secondary participation.