The Accessories and Abettors Act 1861 is a mainly repealed Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated statutoryEnglish criminal law related to accomplices, including many classes of encouragers. Mainly its offences were, according to the draftsman of the Act, replacement enactments with little or no variation in phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It collected the relevant parts of Peel's Acts and others.
Provisions still in force
The Act provides that an accessory to an indictable offence shall be treated in the same way as if he had committed the offence: Section 8 of the Act, as amended, reads: Section 10 states that the Act does not apply to Scotland. The active section thus applies to England, Northern Ireland and Wales. The rest of the Act was repealed by the Criminal Law Act 1967 to make easier the abolition of the distinction between felonies and misdemeanours;.
The natural meaning of "to aid" is to "give help, support or assistance to" and it will generally although not necessarily take place at the scene of the crime. It is not necessary to prove that there was any agreement between the principal and the alleged accessory, nor is there a need to prove a causative link between the aid and the commission of the offence by the principal.
The natural meaning of "to abet" is "to incite, instigate or encourage" and this can only be committed by an accessory who is present when the crime is committed. This does imply either an express or implied agreement between the parties although there is no need to prove any causative link between what the abettor did and the commission of the offence.
"To counsel" is "to encourage" and most usually covers advice, information, encouragement or the supply of equipment before the commission of a crime. It implies agreement with the principal. In R v Clarkson 3 AER 344, the defendant merely watched while fellow soldiers raped a woman in their barracks in Germany. Counselling or advising must have an effect on the mind of the principal to constitute the necessary encouragement in fact, so Clarkson was found not guilty. No causative link between the counselling and the commission of the full offence is required so long as the offence committed was within the scope of the counselling. In R v Calhaem 2 AER 266, the defendant paid a private detective to murder a woman and was charged with counselling or procuring the murder. It was held that the offence committed must be within the scope of the counselling, i.e., the principal does not deliberately depart from the plan. The detective merely intended to frighten the woman but hit her with a hammer. If, however, the accessory is sufficiently vague as to committing of crime the accessory will not face liability.
"To procure" means "to produce by endeavour, by setting out to see that it happens and taking the appropriate steps to produce that happening". The principal can be entirely "innocent" of the procurer's acts so long as there is proof of a causal link between the procuring and the commission of the offence by the principal offender, e.g., as in AG’s Reference 2 AER 684, spiking a drink procures a drunk-driving offence.
Summary offences
The Act does not apply to summary offences, but section 44 of the Magistrates' Courts Act 1980 is to the like effect:
Repeals
Sections 1 to 7 and 9 of this Act were repealed for England and Wales by section 10 of, and Part III of Schedule 3 to, the Criminal Law Act 1967. They were repealed for Northern Ireland by section 15 of, and Part II of Schedule 2 to, the Criminal Law Act 1967. Section 11 was repealed by the Statute Law Revision Act 1892.
