In the
criminal law, a
conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one
overt act in furtherance of that agreement. There is no limit on the number participating in the conspiracy and, in most countries, no requirement that any steps have been taken to put the plan into effect (compare
attempts which require proximity to the full offence). For the purposes of
concurrence, the
actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally,
repentance by one or more parties does not affect liability but may reduce their
sentence.
England and Wales
Common law offence
At
common law, the crime of conspiracy was capable of infinite growth, able to accommodate any new situation and to criminalize it if the level of threat to
society was sufficiently great. The
courts were therefore acting in the role of the
legislature to create new offences and, following the
Law Commission Report No. 76 on "Reform of the Common Law", the
Criminal Law Act 1977 produced a statutory offence and abolished all the common law varieties of conspiracy, except two:
Conspiracy to defraud
See
conspiracy to defraud.
Conspiracy to corrupt public morals or to outrage public decency
Conspiracy to corrupt public morals is an offence under the common law of England and...
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