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
1977 — Criminal 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.
Frequently asked questions
- What does the Accessories and Abettors Act 1861 say about helping someone commit a crime?
- Under Section 8 of the Accessories and Abettors Act 1861, anyone who aids, abets, counsels, or procures the commission of an indictable offence is liable to be tried and punished as a principal offender. This provision is widely cited as the primary basis for secondary criminal liability in England and Wales.
- Does this Act apply in Scotland?
- No, the Act does not apply to Scotland. It specifically limits its territorial application to England and Wales. The legislation provides that the Act is not to extend to Scotland, meaning its provisions regarding secondary liability do not govern criminal proceedings in that jurisdiction.
- Is there a different maximum sentence for someone who helps a principal offender?
- A secondary party does not receive a separate sentence for their participation. Instead, they are liable to be punished as a principal offender. This means the maximum penalty they face is the same as the maximum penalty for the principal offence they aided, abetted, counselled, or procured.
- How have courts interpreted the mental state required for secondary liability?
- The Act has been interpreted extensively by case law. Notably, the case of R v Jogee [2016] redefined the mental element required for secondary liability. This legal development is significant for understanding how courts currently assess the intent of those who aid or abet an offence.