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UK Law Reference
All Legislation
Criminal Law
c. 94
England & Wales

Accessories and Abettors Act 1861

View on legislation.gov.uk

Last amended by Criminal Law Act 1977 in 1977. Amended s.8 to its modern form following the abolition of the felony/misdemeanour distinction, so that it applies to aiding, abetting, counselling, or procuring any indictable offence.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

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)

Parts & Sections

Amendments History

1977Criminal Law Act 1977

Amended s.8 to its modern form following the abolition of the felony/misdemeanour distinction, so that it applies to aiding, abetting, counselling, or procuring any indictable offence.