Conspiracies – What is an agreement between persons to act together?
A criminal conspiracy is an agreement between people to carry out a criminal act.
Importantly, the criminal act does not necessarily need to go ahead, because criminal conspiracy relates to the planning of the crime. If the crime is committed, a defendant could be prosecuted for conspiracy to commit the crime, and the crime itself.
But it’s worth being aware that the penalty for planning the crime can be as severe as the penalty for actually carrying out the crime.
Examples of criminal conspiracy
Any sort of joint plan to commit a crime could result in a conviction for criminal conspiracy. Members of gangs may be found guilty of conspiracies to: supply drugs, launder money, commit cybercrime, or traffic people.
But you don’t necessarily need to be part of a gang to be found guilty of a criminal conspiracy. Any agreement between more than one person could be enough. Other conspiracies might be an agreement to commit: fraud, robbery, burglary, rape, or murder.
What happens if you’re charged with a conspiracy offence?
If the police charge you with a conspiracy offence, one of two things will happen.
You’ll either be sent to prison (or a secure centre for young people) for a while as you await trial, or you’ll be out of prison but on bail.
In order to get bail, you need to apply to the court, and a solicitor can prepare the application for you.
What happens if you’re found guilty?
If you’re found guilty of a conspiracy to commit a crime, you could be given the same punishment as if you had actually carried out the crime. Criminal offences will usually be punished with a fine, and / or a prison sentence, and / or the seizure of your assets.
The penalty you’re given will depend on the type of crime, and the role you played in the conspiracy.
What does the prosecution need to prove?
The prosecution has to show that the defendant intended to be part of the agreement to commit an unlawful act. In doing so, they have to prove that:
An agreement was made between two or more parties
The agreement was to commit a criminal offence
The defendant intended to be a party to an agreement to do an unlawful act
The defendant(s) knew or intended that what was being planned was an offence
The jury must be convinced beyond reasonable doubt that these things happened.
It can be quite difficult to prove that a conspiracy took place. Typically, the prosecution will look at your phone records to piece it together. They will also rely on witness testimony, finger prints, and DNA, if necessary.
Is there a defence?
As you can see, being accused of a conspiracy to commit a crime can be very serious. That’s why it’s important to have a lawyer on your side as soon as possible.
Our team of experts at Harewood Law have extensive experience in defending people accused of crimes and conspiracy to commit crimes. We can support you at the police interview, prepare your bail application, navigate the investigation for you, and compile your defence.
Please get in touch if you need a criminal defence solicitor.
Harewood Law are based in Leeds, near Bradford, Halifax, Wakefield, Huddersfield, Keighley and we cover West Yorkshire and across the UK, so contact Harewood Law today.
Harewood Law regularly instruct leading experts in this area and we can assist, guide and advise on the type of expert that is most relevant in your particular circumstance. Please contact our team today on 0333 3448377 or email us on info@harewoodlaw.com and we will be more than happy to assist.