Solicitors Qualifying Examination (SQE) Practice Exa\

Question: 1 / 400

What does counselling involve in the context of crime?

Instigating after the offence

Encouraging to commit any act

Soliciting or encouraging before the offence with a mental link

Counselling, in the context of crime, refers to the act of soliciting or encouraging someone to commit an offense before the crime is actually carried out. This concept is grounded in criminal law, where counselling can be seen as a form of complicity, wherein a person instigates another to engage in criminal conduct. The important aspect here is the mental link between the person providing counsel and the potential criminal act, suggesting that the person offering such advice has a significant understanding of the crime and is actively promoting its commission.

This form of involvement can lead to legal liability, even if the crime is not ultimately completed, as the act of encouraging or facilitating the offence itself constitutes a serious involvement in the criminal process. Thus, it underscores the importance of assessing moral and legal responsibility prior to the commission of a crime, making it a vital area of focus within both criminal law and practice.

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Providing legal advice during a crime

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