Accessories and Abettors Act 1861
Encyclopedia
The Accessories and Abettors Act 1861 (24 & 25 Vict. c.98) is an Act
of the Parliament
of the United Kingdom of Great Britain and Ireland
(as it then was). It consolidated provisions in English criminal law
related to accomplice
s from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the criminal law consolidation Acts 1861
. It was passed with the object of simplifying the law. It collects the scattered provisions on the subject contained in Peel's Acts
(and the equivalent Irish Acts), incorporating subsequent statutes.
to an indictable offence
shall be treated in the same way as if he had actually committed the offence himself.
Section 8 of the Act, as amended, reads:
Section 10 states that the Act does not apply to Scotland.
The rest of the Act was repealed by the Criminal Law Act 1967
as a consequence of the abolition of the distinction between felonies
and misdemeanours (see below).
stated that the words in section 8 should be given their ordinary meaning.
s, but section 44(1) of the Magistrates' Courts Act 1980 is to the like effect:
by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967
. They were repealed for Northern Ireland
by section 15(2) of, and Part II of Schedule 2 to, the Criminal Law Act (Northern Ireland) 1967.
Section 11 was repealed by the Statute Law Revision Act 1892.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
of the United Kingdom of Great Britain and Ireland
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
(as it then was). It consolidated provisions in English criminal law
English criminal law
English criminal law refers to the body of law in the jurisdiction of England and Wales which deals with crimes and their consequences. Criminal acts are considered offences against the whole of a community...
related to accomplice
Accomplice
At law, an accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the teller and asks for the money is guilty of armed robbery...
s from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the criminal law consolidation Acts 1861
Criminal law consolidation Acts 1861
The criminal law consolidation Acts 1861 were Acts of the Parliament of the United Kingdom. They consolidated provisions from a large number of earlier statutes which were then repealed. Their purpose was to simplify the criminal law...
. It was passed with the object of simplifying the law. It collects the scattered provisions on the subject contained in Peel's Acts
Peel's Acts
Peel's Acts were Acts of the Parliament of the United Kingdom. They consolidated provisions from a large number of earlier statutes which were then repealed. Their purpose was to simplify the criminal law...
(and the equivalent Irish Acts), incorporating subsequent statutes.
Provisions still in force
The Act provides that an accessoryAccessory (legal term)
An accessory is a person who assists in the commission of a crime, but who does not actually participate in the commission of the crime as a joint principal...
to an indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
shall be treated in the same way as if he had actually committed the offence himself.
Section 8 of the Act, as amended, reads:
Section 10 states that the Act does not apply to Scotland.
The rest of the Act was repealed by the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
as a consequence of the abolition of the distinction between felonies
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
and misdemeanours (see below).
Case law
In AG's Reference (No 1 of 1975) (1975) QB 773, Lord Chief Justice WidgeryJohn Widgery, Baron Widgery
John Passmore Widgery, Baron Widgery, OBE, TD, QC, PC was an English judge who served as Lord Chief Justice of England from 1971 to 1980...
stated that the words in section 8 should be given their ordinary meaning.
- The natural meaning of "to aid" is to "give help, support or assistance to" and it will generally although not necessarily take place at the scene of the crime. It is not necessary to prove that there was any agreement between the principal and the alleged accessory, nor is there a need to prove a causative link between the aid and the commission of the offence by the principal.
- The natural meaning of "to abet" is "to incite, instigate or encourage" and this can only be committed by an accessory who is present when the crime is committed. This does imply either an express or implied agreement between the parties although there is no need to prove any causative link between what the abettor did and the commission of the offence.
- "To counsel" is "to encourage" and most usually covers advice, information, encouragement or the supply of equipment before the commission of a crime. It implies agreement with the principal. In R v Clarkson (1971) 3 AER 344, the defendant merely watched while fellow soldiers raped a woman in their barracks in Germany. Counselling or advising must have an effect on the mind of the principal to constitute the necessary encouragement in fact, so Clarkson was found not guilty. No causative link between the counselling and the commission of the full offence is required so long as the offence actually committed was within the scope of the counselling. In R v Calhaem (1985) 2 AER 266, the defendant paid a private detective to murder a woman and was charged with counselling or procuring the murder. It was held that the offence actually committed must be within the scope of the counselling, i.e., the principal does not deliberately depart from the plan. The detective merely intended to frighten the woman but did actually hit her with a hammer. If, however, the accessory does not specify what offence is to be committed, but leaves it to the principal to decide what offence is to be committed, the accessory will be liable.
- "To procure" means "to produce by endeavour, by setting out to see that it happens and taking the appropriate steps to produce that happening". The principal can be entirely "innocent" of the procurer's acts so long as there is proof of a causal link between the procuring and the commission of the offence by the principal offender, e.g., as in AG’s Reference (No 1) (1975) 2 AER 684, spiking a drink procures a drunk-driving offence.
Summary offences
The Act does not apply to summary offenceSummary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
s, but section 44(1) of the Magistrates' Courts Act 1980 is to the like effect:
Repeals
Sections 1 to 7 and 9 of this Act were repealed for England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
. They were repealed for Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
by section 15(2) of, and Part II of Schedule 2 to, the Criminal Law Act (Northern Ireland) 1967.
Section 11 was repealed by the Statute Law Revision Act 1892.
See also
- R v Betts and RidleyR v Betts and RidleyR v Betts and Ridley is a landmark case in English criminal law from 1930, which established that to be convicted of a crime under the doctrine of Common purpose, it was not necessary for an accessory to actually be present when the offence was carried out.-Facts:Victor Betts and Herbert Ridley...
, a landmark case which established that an accessory need not be present when the crime is committed to be regarded as such - Aiding and abettingAiding and abettingCriminal=Aiding and abetting is an additional provision in United States criminal law, for situations where it cannot be shown the party personally carried out the criminal offense, but where another person may have carried out the illegal act as an agent of the charged, working together with or...
, a very similar law in the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
External links
- The Accessories and Abettors Act 1861, as amended from the National Archives.
- The Accessories and Abettors Act 1861, as originally enacted from the National Archives.