Assisting an Offender

What is Assisting an Offender?

Assisting an offender is a criminal offence in England and Wales, where an individual takes actions with the intent to help someone evade arrest or prosecution, knowing or believing that the person has committed a ‘relevant offence’. A “relevant offence” is defined as any crime punishable by more than five years in prison, such as murder, rape, robbery, certain drug offences, and other serious crimes.

It is a unique offence, as it requires another crime to have been committed. Acts that might otherwise appear perfectly innocent can become illegal when done to assist someone involved in a serious criminal offence.

Examples of Assisting an Offender

A person can be charged with assisting an offender if they knowingly or believe that the individual they are helping has committed a relevant offence, and then do any of the following:

• Cleaning clothes to remove evidence
• Sheltering the person in their home, garden, shed, or car
• Providing transport (e.g., giving a lift to an airport, train station, or taxi rank)
• Concealing or disposing of evidence, such as a weapon
• Getting rid of a vehicle connected to the offence

In some cases, these actions may overlap with the offence of Perverting the Course of Justice. The key difference is that Perverting the Course of Justice can be committed by the primary offender themselves, whereas Assisting an Offender can only be committed by someone other than the person directly involved in the crime.

Who Can Be Arrested for Assisting an Offender?

Anyone who aids someone involved in a relevant offence can be arrested on suspicion of assisting an offender. During the early stages of an investigation, the police may not know whether the individual suspected of assisting is aware that they are helping someone who has committed a crime.

Although arrests are often made for valid investigative reasons, the police sometimes use the charge of Assisting an Offender as a strategy to pressure individuals close to the suspect into providing information about the primary offender. This can be particularly common when the police are attempting to gain intelligence from family members or friends of the suspected offender.

In some instances, individuals are arrested for assisting an offender at the same time as the primary suspect, or it may occur months later.

Sentences for Assisting an Offender

Although there are no specific sentencing guidelines for Assisting an Offender, the legislation sets out maximum penalties. These depend on the seriousness of the underlying offence:

• Murder or life-sentence offences: Up to 10 years in prison
• Offences punishable by 14 years or more: Up to 7 years in prison
• Offences punishable by 10 years or more: Up to 5 years in prison
• All other offences: Up to 3 years in prison

It is important to note that these are maximum sentences, and the actual sentence handed down will depend on the specific facts of the case, the severity of the original crime, and the extent to which the offender was assisted.

What to Do if You Are Being Investigated for Assisting an Offender

If you are being investigated or arrested for Assisting an Offender, the first and most crucial step is to contact us at Lostock Legal for representation and advice as soon as possible. Not everyone under investigation for this offence is charged, and prompt, strategic legal counsel can often make a significant difference in the outcome.