Assisting An Offender: Olliers Solicitors

Facing an allegation of assisting an offender can be incredibly distressing, especially when your involvement may have been limited, unintentional or driven by panic, pressure or concern for someone you care about. These cases often arise suddenly, with little warning, and many people feel overwhelmed by the potential consequences and unsure about what the police or courts may do next.

At Olliers, we understand how sensitive and complex these situations can be. Our specialist criminal defence team provides calm, confidential and strategic advice from the earliest stage. We take the time to understand your circumstances, explain the law clearly and work with you to achieve the best possible outcome.

What is assisting an offender?

Assisting an offender is a criminal offence in England and Wales. It involves carrying out an act with the intention of preventing another person from being arrested or prosecuted, with the knowledge or belief that said person has committed a ‘relevant offence.’ In the context of assisting an offender a relevant offence is any offence that can be punishable by more than five years in prison. This includes Murder, Rape, Robbery, certain Drugs offences and many others.

It is an interesting offence that requires another offence to have been committed and acts that could otherwise be considered perfectly innocent (in the absence of the underlying offence) become illegal and punishable by a prison sentence.

What is an example of assisting an offender?

Someone who knows or believes that another person has committed a ‘relevant offence’ that then does any of the following might be guilty of assisting an offender:

Washing the clothes of that person to remove evidence
Allowing them to hide in their house/garden/shed/car
Giving them a lift to the airport/ train station/ taxi rank
Hiding or disposing of a weapon for them
Disposing of a vehicle linked to the offence on their behalf

Some of these examples could also be considered to be the offence of Perverting the Course of Justice (PCoJ). The major difference between the Assisting an Offender and PCoJ is that PCoJ can be committed by the offender themselves whereas Assisting an Offender can only be committed by a person other than the primary offender.

Who can be arrested for assisting an offender?

The answer to this question is anyone who might have done something to help someone that has committed a relevant offence. In the initial stages of an investigation, the police will not know whether the person who may have assisted an offender knew that the person they were helping was an offender!

Often arrests are made for good reason and the police have a genuine intention of investigating the person arrested. However, often the police will arrest those closest to a person suspected of a crime under the guise of Assisting an Offender when in reality they simply want to obtain information about their friend/family member. The police will use the prospect of being charged with Assisting an Offender to intimidate people to give them information or reveal incriminating evidence. Similarly, the police may use a potential prosecution of a friend or family member for assisting an offender as a way of putting pressure on the original defendant to plead guilty.

A person arrested for assisting an offender might be arrested at the same time as the original offender or it might be a number of days, weeks or even months later.

What is the sentence for assisting an offender?

There are no sentencing guidelines for assisting an offender however, the legislation does give maximum sentences. The maximum sentences are dependent on the seriousness of the underlying offence.

With an underlying offence that is punishable only by a life sentence (e.g. Murder), the maximum sentence is 10 years in prison for Assisting an Offender. For an underlying offence that is punishable by 14 years or more the maximum sentence is 7 years. For underlying offences punishable by 10 years or more the maximum sentence is 5 years and for all other offences, the maximum sentence is 3 years.

The maximum sentence is just that, a maximum and many of those convicted will not be sentenced to the maximum and the sentence passed will depend on the facts of the case, the seriousness of the original offence and the extent to which the primary offender was assisted and the level of culpability of the person being sentenced.

What should I do if I am being investigated for assisting an offender?

The best thing to do is to seek expert legal advice straight away. Not everyone investigated for Assisting an Offender is charged and the carefully considered and timely legal advice can make all the difference. If you are charged, expert representation can significantly affect the outcome at court.

Olliers Solicitors – specialist criminal defence lawyers

Our senior lawyers are all leaders in their field. Olliers is ranked as a top tier law firm by both the authoritative guides to the legal profession, namely the Legal 500 2026 and Chambers Guide 2026. We are a Times Best Law Firm 2026. We are the Manchester Legal Awards 2025 Crime Team of the Year, an award we have won three years running and have won eight times since 2011.

Some frequently asked questions

What does it mean to be charged with assisting an offender?

Assisting an offender is an offence under section 4 of the Criminal Law Act 1967. It applies when someone is alleged to have helped a person who has already committed a criminal offence avoid being detected, arrested, prosecuted or convicted. The allegation focuses on conduct after the original crime has taken place.

Examples include helping someone find a place to hide, getting rid of items linked to the offence, or supporting their escape.

For the prosecution to secure a conviction, they must show that a relevant offence had been committed by the person you helped, you knew or believed that they had committed such an offence and your actions were intended to impede their apprehension or prosecution.

This is a serious allegation because it suggests that you deliberately interfered with the justice process.

What actions count as assisting an offender?

Assisting an offender can take many forms, and even seemingly small acts may be treated seriously if they hinder an investigation. Common examples include: hiding or sheltering someone shortly after a crime, providing transport, such as driving them away from the scene or taking them out of the area, withholding information or lying to police officers, destroying, cleaning or hiding clothing, weapons or other items linked to the offence or passing on money, a phone or other resources to help someone avoid arrest.

The key question is whether your actions were done with the purpose of helping someone evade justice.

Do I have to know the person committed a crime to be guilty of assisting an offender?

Yes. The offence requires that you knew or believed the person had committed an arrestable offence. If you genuinely did not know about the crime or had no reason to think a crime had been committed, this may form an important part of your defence.

People are often drawn into situations without understanding the full background, particularly where they act out of instinct, fear or confusion. The court will always consider your state of mind at the time.

Is assisting an offender the same as perverting the course of justice?

No. Although they both involve obstructing justice; they are different offences.

Assisting an offender focuses on helping someone who has already committed a crime avoid being brought to justice. Perverting the course of justice is wider and covers any conduct intended to interfere with the investigation or prosecution process.

Examples of perverting the course of justice include making false allegations, fabricating evidence or intimidating witnesses. Both offences are serious, but they are charged and sentenced differently.

What are the potential penalties for assisting an offender?

Sentencing depends heavily on the seriousness of the underlying offence committed by the person you helped. The court will consider: the level of help you provided, whether you acted under pressure or fear, our personal circumstances and level of involvement. There are no formal sentencing guidelines, so judges rely on the statutory maximum sentences, which scale with the seriousness of the original offence. If the underlying offence carries a life sentence (e.g. murder) then the maximum sentence is 10 years’ imprisonment. If the underlying offence has a maximum of 14 years or more then the maximum 7 years. If the underlying offence has a maximum of 10 years or more then the maximum is 5 years. For all other cases the maximum is 3 years.

Prison is possible, but many factors can influence the outcome, including remorse, cooperation and personal vulnerability.

Can I be prosecuted for helping a family member?

Yes. The law does not give automatic exemptions for relatives. Many cases involve partners, parents or siblings who act instinctively or under emotional pressure. The court may take your motivations into account, especially if you acted out of fear or confusion, but the law still treats helping someone avoid arrest as a criminal act.

Will the police consider the reasons why I helped someone?

Yes. Investigators will look at the context, including whether you were threatened, pressured, manipulated or acting under duress. If you did not fully understand the situation or acted out of panic, this may reduce your level of blame. Your solicitor can present this information clearly on your behalf.

Can I face charges if I only helped after the crime took place?

Yes. Assisting an offender applies specifically to conduct that happens after an offence has been committed. Even if you had no involvement in the original crime, you can still face prosecution if you helped someone afterwards.

What should I do if the police contact me about assisting an offender?

You should seek legal advice immediately. Do not provide statements, explanations or informal comments before speaking to a solicitor. Anything you say even if you are genuinely trying to help, could later be interpreted differently by investigators.

Olliers provide clear, confidential advice from the earliest stage and can attend interviews with you.

Can I change solicitors if I already spoke to another lawyer?

Yes. You can change representation at any time. Olliers frequently take over cases where clients feel their situation has not been properly understood or where they want a more specialist approach.

Can assisting an offender charges be dropped?

In some cases, yes. Charges may be discontinued if:

The evidence does not support the allegation.
You had no knowledge of the crime.
Your actions did not actually assist anyone.

There is clear context showing misunderstanding or lack of intention.

Early legal engagement can significantly influence the direction of the investigation.

Is it possible to avoid prosecution through pre‑charge engagement?

Yes. Pre‑charge engagement allows your solicitor to provide information or material to the police or CPS that may clarify misunderstandings or highlight evidence they were unaware of. This can be crucial in preventing an unnecessary charge.

How long can an assisting an offender investigation take?

Timescales vary widely. Some cases resolve quickly, while others take many months, particularly where the underlying offence is serious or complex.

A specialist solicitor can request updates, ensure the investigation progresses proportionately and protect your rights throughout.

Are there defences to assisting an offender?

Possible defences include:

You did not know or believe a crime had been committed.
You acted under duress or threats.
Your actions did not actually assist anyone.
You lacked intent to hinder an investigation.

Every case turns on its own facts, so early legal analysis is essential.

How can Olliers help if I am under investigation for assisting an offender?

Olliers are nationally recognised specialists in criminal investigations. We provide early, strategic advice, attend and guide you through police interviews, engage proactively with investigators and the CPS, challenge incorrect assumptions and present context and work discreetly to protect your reputation and long‑term interests.

Assisting an offender allegation can be extremely stressful. Our approach is calm, proactive and focused on securing the best possible outcome at the earliest stage.

Need immediate advice?

If you are facing an allegation of assisting an offender, early specialist advice is essential. Our experienced defence team will provide clear guidance, confidential support and a proactive strategy from the very start.

Contact Olliers today to speak to a senior lawyer who can help you navigate the process and protect your position. Contact our specialist lawyers on 0161 834 1515, email us at info@olliers.com or complete the form below.