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Criminal Law
c. 94

Accessories and Abettors Act 1861

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Summary

The Accessories and Abettors Act 1861 provides that anyone who aids, abets, counsels, or procures the commission of an indictable offence is liable to be tried and punished as a principal offender. Section 8 is one of the most cited provisions in criminal law.

Key Points

  • Section 8 — aiding, abetting, counselling, or procuring an indictable offence makes the secondary party liable as a principal
  • Extended to summary offences by Magistrates' Courts Act 1980 s.44
  • No separate sentence for secondary participation — same maximum as principal offence
  • Interpreted extensively by case law (R v Jogee [2016] redefining mental element)

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