Conspiracy
Subject to the following provisions, if a person agrees with another person or persons that a course of conduct shall be pursued which, if it is carried out in accordance with their intentions, will necessarily involve or amount to the commission of a criminal offence by one or more of the parties to the agreement, or would do so but for the existence of facts which render the offence impossible, each is guilty of conspiracy to commit the offence or offences in question.
Where liability for an offence may be committed without knowledge on the part of the person committing it of any particular fact or circumstances necessary for its commission, the person shall nonetheless be guilty of conspiracy to commit that offence unless they or at least one other person to the agreement intended or knew that the fact or circumstance shall or will exist at the time the conduct constituting the offence is to take place.
A person may be guilty of conspiracy to commit an offence outside Northern Ireland in some cases. Where the procedure of an agreed course of conduct would at some stage involve an act by one or more of the parties, or the happening of events, intended to take place outside of Northern Ireland, and the event constitutes an offence under the law of that other country or territory, the agreement would constitute a conspiracy for the commission of the offence but for the fact that the offence would not be triable in Northern Ireland if committed in accordance with the parties’ intentions.
One of the following applies: the party to the agreement, or their agent, did anything in Northern Ireland in relation to the agreement before its formation; a party to the agreement became a party in Northern Ireland by joining it either in person or through an agent, or a party to the agreement, or a party’s agent, did or omitted anything in Northern Ireland in pursuance of the agreement.
An agreement in the case where each of the above conditions is satisfied, a reference to an offence is to be read as a reference to what would be the offence but for the fact that it is not an offence triable in Northern Ireland. The second condition above is satisfied unless not later than rules of court may provide, the defence served on the prosecution, a notice stating, on the facts as alleged with respect to the agreed course of conduct, that the condition is not in their opinion satisfied, showing their grounds for the opinion, and requiring the prosecution to show that it is satisfied.
The court may permit the defence to require the prosecution to show the second condition is satisfied without the prior service of a notice.
An act done by means of a message, however communicated, is to be treated for the purposes of the fourth condition as done in Northern Ireland if the message is sent or received in Northern Ireland.
A person is not to be guilty of conspiracy to commit an offence if they are an intended victim of that offence. A person shall not be guilty of conspiracy above to commit an offence if the only other person or persons with whom they agree are both initially and at all times during the currency of the agreement, persons of the following categories: spouse, civil partner; a person under the age of criminal responsibility; or intended victim.
A person guilty above of conspiracy to commit an offence constituting murder, fixed sentence offence, imprisonment for life, or an indictable offence for which no maximum imprisonment is provided, is liable to imprisonment in accordance with the gravity of the offence in question. This also applies to any offence punishable with imprisonment, the person convicted of conspiracy is liable for imprisonment for a term not exceeding the maximum term provided for the offence or if there is more than one such offence for any of those offences, taking the longer or longest term as the limit.
In the case of an offence punishable either on conviction or on summary conviction, references above to the maximum term provided are references to the maximum term provided on conviction on indictment.
Excepting the above cases, a person is liable on conviction to a fine for conspiracy.
A person guilty of a conspiracy to commit any offence or offences punishable on summary conviction, whether or not also punishable on indictment, shall be liable on summary conviction to a penalty for which they would have been liable on summary conviction of that offence (where more than one offence is in question) or for any of those offences, taking the greater or greatest penalty as the limit.
Proceedings for conspiracy to commit an offence shall not be instituted except with the consent of the Director of Public Prosecutions, if the offences are punishable only on summary conviction.
Where conspiracy to commit an offence is an offence which is subject to prohibition, under any statutory provisions requiring consent of the Attorney General, are one such as subject to such prohibition, the above provision applies as if reference was to the consent of the DPP.
Any prohibition under any legislation, in the institution of an offence, which is not an offence punishable on summary conviction only, which requires the consent of the DPP, also applies to conspiracy to commit that offence.
Where an offence has been convicted in pursuance of any agreement; and proceedings may not be instituted for that offence because of any time limit, then proceedings for conspiracy for that offence shall not be instituted against any person on the basis of that agreement.