ABSTRACT
An inchoate offence is an incomplete offence; one that is just begun or is undeveloped. There are three types of inchoate offence, encouraging or assisting an offence, conspiracy and attempt. For an inchoate offence the defendant is charged with inciting or conspiring or attempting to do the substantive crime involved. For example, conspiring to murder or attempting to steal. The Serious Crime Act 2007 abolished the common law offence of incitement. Placing inciting material on Facebook or other social media can be an offence under the Serious Crime Act 2007. Nearly all conspiracies are charged as statutory conspiracy under the Criminal Law Act 1977 as amended. Only three types of common law conspiracy still exist. These are conspiracy to defraud, conspiracy to corrupt public morals and conspiracy to outrage public decency. The parties to the conspiracy need not have agreed all the details, but must have gone beyond merely talking about the possibility of committing an offence.
