1.The issue of criminal liability for encouraging or assisting
another person to commit an offence is a complex and difficult
area. The issue is important because it is commonly the case that
criminal offences involve two or more participants, only some of
whom are the actual perpetrators of the offence. The principal is
the person or persons who commit the actus reus of the
offence. There may be joint principals, for example, where P1 and
P2 attack V. Secondary parties provide assistance or encouragement
to the principal or principals.
2.The starting point is section 8 of the Accessories and
Abettors Act 1861. This provides that whoever shall aid, abet,
counsel or procure the commission of any indictable offence shall
be liable to be tried, indicted and punished as a principal
offender. Historically the position at common law was that aiders
and abettors were said to be principals in the second degree and
were actually or constructively present at the time the
