Exploring the mens rea requirements of the Serious Crime Act 2007 assisting and encouraging offences

Abstract

This article examines the mens rea requirements of the new assisting and encouraging offences set out in Part 2 of the Serious Crime Act 2007. Analysing the case of Rv.S&H [2011] EWCA Crim 2872, a case in which the Court of Appeal attempted to clarify this complex and troublesome area, it is demonstrated how and why the court (as well as other academic commentators) have erred in their interpretations of the statute. Moving to clarify these areas of uncertainty, the article then seeks to cast light on concerns about the future operation of these offences, concerns previously hidden by that uncertainty