Most crimes you will deal with in practice involve more than one person. There is the person who does the act, but often also a lookout, a driver, a supplier, someone who gives orders, or someone who simply eggs the others on. The law holds many of these people responsible — sometimes for exactly the same offence as the person who carried it out. Knowing precisely who falls within the net, and on what basis, is essential to advising any client connected to a group offence.
This lesson builds that picture from the ground up.
- Principals, Secondary Parties and Derivative Liability — who actually commits the crime, who merely assists, and why an accomplice's liability depends on the offence being committed.
- The Innocent Agent Doctrine — when using someone who lacks criminal responsibility makes you the principal.
- Forms of Secondary Participation — aiding, abetting, counselling and procuring, and what sets each apart.
- Presence, Supply and Timing — when being there or handing something over crosses into liability.
- Mens Rea of the Secondary Party — the intention and knowledge an accomplice must have.
- Joint Enterprise and Murder — what must be proved for an accomplice to be guilty of murder.
- Withdrawal — how a participant can effectively back out before it is too late.
- Inchoate Offences under the Serious Crime Act 2007 — liability for encouraging or assisting, even where the crime never happens.