What Constitutes Assisting an Offender
Acts that would otherwise be entirely lawful — giving someone a lift, allowing someone to stay at a property, or helping to clean a car — can constitute assisting an offender when done with the requisite intent and knowledge. Examples of conduct that may constitute the offence include washing or cleaning clothing to remove forensic evidence, allowing someone to hide in a home or vehicle, providing transport to help someone evade arrest, concealing or destroying a weapon or other exhibit, and disposing of a vehicle connected to the offence.
Sentencing
The maximum sentence is determined by the seriousness of the underlying offence. For murder or offences carrying a life sentence, the maximum is ten years. For offences punishable by 14 years or more, it is seven years. For offences punishable by ten years or more, it is five years. For all other relevant offences of five years or more, it is three years. These are maximum sentences only — many who are convicted will not receive the maximum available term. The actual sentence will depend on the nature of the assistance given, the extent to which it was effective, and the defendant's culpability.
| Underlying Offence | Maximum Sentence |
|---|---|
| Murder / life sentence offences | 10 years |
| Offences punishable by 14+ years | 7 years |
| Offences punishable by 10+ years | 5 years |
| Other relevant offences (5+ years) | 3 years |
Who Can Be Arrested
Anyone who may have assisted a person who committed a relevant offence can be arrested. In practice, family members, partners, and friends of those suspected of serious offences are often arrested at an early stage of an investigation — sometimes simultaneously with the primary suspect, and sometimes weeks or months later. The police sometimes arrest those close to a primary suspect as a means of gathering intelligence or applying pressure on the primary defendant. Arrest does not mean charge.
Assisting an Offender vs Perverting the Course of Justice
Some of the acts that constitute assisting an offender may also amount to the separate offence of perverting the course of justice. The key distinction is that perverting the course of justice can be committed by the primary offender themselves, whereas assisting an offender under section 4 can only be committed by a person other than the one who carried out the original crime.
What to Do if You Are Under Investigation
If you are arrested or under investigation for assisting an offender, seek specialist legal advice immediately. Do not speak to the police without a solicitor present, even if you believe you have done nothing wrong. Early legal advice — including representations to the CPS before any charging decision is made — can in many cases prevent a prosecution from being brought.