Commentary on Sections Jurisdiction and Procedure Section 58:  Penalties
214.This section sets out the penalties that will apply to the offences created in Part 2.
215.Subsection (2) sets out that the maximum penalty for encouraging and assisting an offence of murder will be imprisonment for life.
216.Subsection (3) sets out the general rule that the maximum penalty available for an offence under sections 44, 45 and 46 will be the same as the maximum available on conviction for the relevant anticipated or reference offence. In relation to section 46 this applies where a person has been found guilty in relation to one offence only (subsection (1)(b)).
217.For example D lends P a van, false number plates and a gun. The prosecution argue that he believed that either burglary or murder would be committed. The jury find D guilty in relation to burglary but not guilty in relation to murder. The maximum sentence available for the conviction under section 46 will be the maximum sentence available for the offence of burglary (14 years).
218.Subsections (5) to (7) set out the rules that apply to determining the penalty where a conviction under section 46 is in relation to more than one offence. Such a conviction will always have been the product of a trial on indictment because before the trial it would not have been possible to determine which of the specified offences would be proved and thus what the relevant mode of trial should be.
219.Subsection (5) sets out that where one of the reference offences is murder, the maximum available penalty is imprisonment for life.
220.Subsection (6) sets out that where none of the reference offences is murder, but one or more of them is punishable by imprisonment, the maximum penalty available will be limited to that applicable to the offence that carries the highest penalty.
221.For example, D asks P to make him a van with a false panel at the back which would be capable of concealing 5 people. D makes the van and believes that it will be used for people smuggling but could also be used for theft. If D is found guilty of encouraging or assisting both of those offences, the maximum sentence available would be the maximum sentence for people smuggling as it is the higher penalty of the offences D was prepared to assist.
222.Subsection (7) sets out that if none of the offences is punishable by imprisonment then the maximum sentence will be a fine.