If I help someone who committed a crime, what charges can I face?

In Plain English:

If you assist someone after they've committed a crime, you could face charges as an "accessory after the fact." This means you knew or believed the person committed the crime and helped them escape, avoid prosecution, or keep the benefits they gained from the crime. The penalties vary depending on the severity of the original crime.

Also, depending on the level of your involvement, you could face charges for: * Aiding, abetting, counselling, or procuring the commission of an offence. * Incitement, if you urged the person to commit the offence. * If you help someone take control of an online account that is the subject of a warrant or emergency authorization, you may be compelled to provide assistance to law enforcement, and failure to do so could result in a penalty.

Detailed Explanation:

Several sections of the Criminal Code 2007 (NI), Crimes Act 1914, and Criminal Code Act 1995 outline offences related to assisting someone who has committed a crime:

  1. Accessory After the Fact: Section 340 of the Criminal Code 2007 (NI) defines the offence of being an accessory after the fact. To be found guilty, the following must be proven:

    • Someone else (the principal offender) has committed an offence.
    • You (the accessory) assisted the principal offender.
    • You knew or believed the principal offender committed the offence or a related offence.
    • You intended to allow the principal offender to escape apprehension or prosecution, or to obtain, keep, or dispose of the proceeds of the offence.

    The penalty varies depending on the severity of the principal offender's crime. For example, if the principal offence was murder, the accessory could face imprisonment for up to 20 years.

  2. Aiding, Abetting, Counselling or Procuring: Section 11.2 of the Criminal Code Act 1995 states that a person who aids, abets, counsels, or procures the commission of an offence by another person is taken to have committed that offence and is punishable accordingly.

    • The person's conduct must have in fact aided, abetted, counselled or procured the commission of the offence by the other person
    • The offence must have been committed by the other person.
    • For the person to be guilty, the person must have intended that his or her conduct would aid, abet, counsel or procure the commission of any offence (including its fault elements) of the type the other person committed; or his or her conduct would aid, abet, counsel or procure the commission of an offence and have been reckless about the commission of the offence (including its fault elements) that the other person in fact committed.

  3. Incitement: Section 47 of the Criminal Code 2007 (NI) defines incitement as urging the commission of an offence. If a person urges another to commit an offence, they commit the offence of incitement, but only if they intend that the offence be committed. The penalty depends on the punishment for the offence incited.

  4. Assistance Orders: Division 4 of the Crimes Act 1914 outlines assistance orders related to account takeover warrants.

    • Specifically, section 3ZZVG(3) states that a person commits an offence if they are subject to an order under this section and are capable of complying with a requirement in the order, but omit to do an act that contravenes the requirement. The penalty is imprisonment for 10 years or 600 penalty units, or both.

It's important to note that these are general explanations, and the specific charges and penalties will depend on the exact circumstances of the case, the relevant jurisdiction, and the applicable laws at the time of the offence.