Q&As

What is the difference between section 8 of the Accessories and Abettors Act 1861 and sections 44–46 of the Serious Crime Act 2007?

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Published on LexisPSL on 20/02/2019

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • What is the difference between section 8 of the Accessories and Abettors Act 1861 and sections 44–46 of the Serious Crime Act 2007?

Historically, there was a distinction between felonies and misdemeanours, and it was necessary to distinguish, for felonies, between principals in the first degree, principals in the second (aiders and abettors) and accessories before the fact (counsellors and procurers). These distinctions have become unnecessary. The only distinction which continues to exist is as between a principal offender (D1) and an accessory (D2). D1 is the actual perpetrator of the offence. D2 is someone who aids, abets, counsels or procures the commission of the offence. The modern approach to the formula ‘aid, abet, counsel, or procure’ is to use, assist or encourage. Per the Supreme Court in R v Jogee; Ruddock v R (Jamaica), at

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