Part 5 Offences under domestic law

England and Wales

55 Meaning of “ancillary offence”

(1) References in this Part to an ancillary offence under the law of England and Wales are to—
(d) assisting an offender or concealing the commission of an offence.

Part 5 Offences under domestic law

England and Wales

55 Meaning of “ancillary offence”

(5) In subsection (1)(d)—
(a)the reference to assisting an offender is to conduct that in relation to a relevant offence would amount to an offence under section 4(1) of the Criminal Law Act 1967 (c. 58); and
(b)the reference to concealing an offence is to conduct that in relation to a relevant offence would amount to an offence under section 5(1) of that Act.

Part 5 Offences under domestic law

Northern Ireland

62 Meaning of “ancillary offence”

(1) References in this Part to an ancillary offence under the law of Northern Ireland are to—
(d) assisting an offender or concealing the commission of an offence.

Part 5 Offences under domestic law

Northern Ireland

62 Meaning of “ancillary offence”

(5) In subsection (1)(d)—
(a) the reference to assisting an offender is to conduct that in relation to an arrestable offence would amount to an offence under section 4(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)); and
(b) the reference to concealing an offence is to conduct that in relation to an arrestable offence would amount to an offence under section 5(1) of that Act.

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission

This provision is wider than the ICC Statute.

This provision relates to assistance in concealing criminal conduct after the fact, impeding the apprehension or prosecution of such an offender. Such after the fact assistance is not covered by the Rome Statute unless it amounts to evidence of a larger joint criminal enterprise. Those found to have breached the requirements of command responsibility will be found guilty of aiding and abetting the offence.