UK Law Commission Report on Conspiracy

The United Kingdom's Law Commission has released its report on Conspiracy and Attempts.

The report makes recommendations to reform the law governing the criminal liability of those who agree, or attempt, to commit offences and includes a draft Conspiracy and Attempts Bill.

The Bill would:

• Make it possible to bring a charge of conspiracy when conspirators deliberately take a risk that they will engage in criminal activity. Examples might be where they agree to handle large amounts of cash, realising that the cash might be the proceeds of crime. Under the present law, the conspirators cannot be convicted.
• Abolish the outdated rule that prevents married couples from being charged with conspiring to commit a crime.
• Introduce a new defence of reasonableness to a charge of conspiracy. It would apply, for example, to an undercover police officer entering into a conspiracy in order at a later point to expose the other participants.