Parties

Introduction

Many criminal offences are committed by more than one person acting together. This chapter explains how the criminal law allocates liability between **principals** (those who perform the actus reus) and **accessories** (those who **aid, abet, counsel or procure** the offence). It covers the statutory foundation in **s. 8 of the Accessories and Abettors Act 1861**, the **four modes of participation**, the **mens rea of secondary liability** as restated by the Supreme Court in **R v Jogee [2016] UKSC 8**, the abolition of **parasitic accessory liability**, the rules on **withdrawal**, and the law on **charging and sentencing** accessories.

Assessment focus

For the SQE1 FLK2 assessment, you must be able to **apply** the principles of secondary liability to a realistic client-based scenario, not merely recall them. The single most heavily examined point is the **post-Jogee mens rea test**: intention to assist or encourage the principal's offence, plus knowledge of the essential matters that make the conduct criminal — with **foresight** as evidence of intention but **not** a substitute for it. Expect SBAQs in which two defendants set out to commit one offence (e.g. burglary) and one commits a more serious offence (e.g. GBH or murder); you must articulate the correct test and the possible **murder/manslaughter** outcomes for the accessory. Withdrawal (Becerra; O'Flaherty), mere presence (Coney; Wilcox v Jeffery), knowledge of essential matters (Johnson v Youden), and conviction of an accessory despite the principal's acquittal (Giannetto) are all live examinable points. This is a closed-book assessment.

Study tips

1) Always **identify the principal offence first** — secondary liability depends on there being a principal offence. 2) Memorise **s. 8 Accessories and Abettors Act 1861**: aid, abet, counsel, procure; the accessory is tried, indicted and punished **as a principal**. 3) State the **Jogee test** in full and **never** use the old 'foresight = sufficient' formula from Chan Wing-Siu. 4) Remember that **mere presence is not enough** (Coney) unless combined with prior agreement or encouragement (Wilcox v Jeffery). 5) For **withdrawal**, walking away is not enough in a premeditated offence where D supplied the weapon — positive steps are required (Becerra; O'Flaherty). 6) Master the five-step **post-Jogee application framework** for FLK2 problem questions.