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Legal Terms - conspiracy n. 1. An agreement between two or more people to behave in a manner that will automatically constitute an offence by at least one of them (e.g. two people agree that one of them shall steal while the other waits in a getaway car). Even if the agreement is not followed out, it is still a statutory crime (Criminal Law Act 1977, \ 1) and is typically punished in the same manner as the agreed-upon offense. Even if the crime agreed upon is one of *strict responsibility, at least two of the conspirators must have mens rea, or knowledge of the facts that make the action unlawful. Even though it is impossible to carry out the agreed-upon offense, one may nevertheless be guilty of conspiracy (for instance, where two or more people
plan to steal money from a safe without realizing that it is empty (see also R v. Shivpuri [1986] 2 All ER 334). However, if a person's spouse or civil partner is the sole other participant to the arrangement, they are not guilty of conspiracy. It is no longer illegal to encourage or attempt conspiracies.
Common law still recognizes certain types of criminal conspiracy. These now consist of three things: (1) conspiracies to *defraud (i.e., to steal, commit fraud, obtain property by deception, or violate a copyright); (2) conspiracies to corrupt public; and (3) conspiracies to outrage public decency (this could involve an arrangement to present an offensive exhibition). 2. When two or more individuals work together to harm a third person, it is considered a tort. Protection of one's own financial or commercial interests cannot be the primary goal of a lawful means conspiracy; rather, the intention to harm must be the main goal. A conspiracy involving "unlawful means" must have the common goal of harming a third party. This definition of "unlawful" encompasses both criminal activity and civil law violations (Total Network SL v Revenue and Customs Commissioners [2008] UKHL 19, [2008] 2 WLR 711).
plan to steal money from a safe without realizing that it is empty (see also R v. Shivpuri [1986] 2 All ER 334). However, if a person's spouse or civil partner is the sole other participant to the arrangement, they are not guilty of conspiracy. It is no longer illegal to encourage or attempt conspiracies.
Common law still recognizes certain types of criminal conspiracy. These now consist of three things: (1) conspiracies to *defraud (i.e., to steal, commit fraud, obtain property by deception, or violate a copyright); (2) conspiracies to corrupt public; and (3) conspiracies to outrage public decency (this could involve an arrangement to present an offensive exhibition). 2. When two or more individuals work together to harm a third person, it is considered a tort. Protection of one's own financial or commercial interests cannot be the primary goal of a lawful means conspiracy; rather, the intention to harm must be the main goal. A conspiracy involving "unlawful means" must have the common goal of harming a third party. This definition of "unlawful" encompasses both criminal activity and civil law violations (Total Network SL v Revenue and Customs Commissioners [2008] UKHL 19, [2008] 2 WLR 711).
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