In this appeal by way of Case Stated against the decision of a District Judge, the Court of Appeal was asked whether the offence of encouraging or assisting the commission of an either way offence contrary to section 45 Serious Crime Act 2007 applied in relation to the possession of a mobile phone in prison when the phone was already in possession of the principal offender before any conduct was carried out by the defendant.  It also considered whether the District Judge was wrong to conclude that the conduct of the defendant was capable of encouraging or assisting the offence of possession of a mobile phone in prison on the facts of the case.