Aiding and Abetting in UK Law

Leading Cases
  • R v Maxwell (Note)
    • House of Lords
    • 19 Octubre 1978

    It directs attention to the state of mind of the accused—not what he ought to have in contemplation, but what he did have: it avoids definition and classification, while ensuring that a man will not be convicted of aiding and abetting any offence his principal may commit, but only one which is within his contemplation.

  • Z Ltd v A-Z and AA-LL
    • Court of Appeal (Civil Division)
    • 16 Diciembre 1981

    In my opinion this argument misunderstands the true nature of the liability of the third party. It is true that his conduct may very often be seen as possessing a dual character of contempt of court by himself and aiding and abetting the contempt by another, but the conduct will always amount to contempt of court by himself. It will be conduct which knowingly interferes with the administration of justice by causing the order of the court to be thwarted.

  • MT (Article 1F(A) - Aiding and Abetting) Zimbabwe
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 02 Febrero 2012

    Aiding and abetting encompasses any assistance, physical or psychological, that has a substantial effect on the commission of the crime. Article 2 para 3(d) of the 1996 Draft Code requires that aiding and abetting should be “direct and substantial”, i.e. the contribution should facilitate the commission of a crime in “some significant way”.

  • Attorney General's Reference (No. 1 of 1975)
    • Court of Appeal (Criminal Division)
    • 25 Abril 1975

    So far as aiding, abetting and counselling is concerned we would go a long way with that conclusion. It may very well be, as I said a moment ago, difficult to think of a case of aiding, abetting or counselling when the parties have not met and have not discussed in some respects the terms of the offence which they have in mind. But we do not see why a similar principle should apply to procuring.

  • DPP for Northern Ireland v Lynch
    • House of Lords
    • 12 Marzo 1975

    The judges have always assumed responsibility for deciding questions of principle relating to criminal liability and guilt and particularly for setting the standards by which the law expects normal men to act. I would leave cases of direct killing by a principal in the first degree to be dealt with as they arise.

  • R v Gnango
    • Court of Appeal (Criminal Division)
    • 26 Julio 2010

    The essence of secondary liability is that the parties are acting together or, as it is often put, in concert. For what we have described as the third type of joint enterprise liability they must be acting together or in concert in crime A, here affray. The jury was never asked to confront the question whether the shared common purpose was not only to shoot, but to be shot at.

  • Generale Bank Nederland NV (formerly Credit Lyonnais Bank Nederland NV) v Export Credits Guarantee Department
    • Court of Appeal (Civil Division)
    • 23 Julio 1997

    The overall effect of these cases is clear. It is only conduct which comes into the first or the third of the categories I have set out above which constitute the commission of a tort. The criminal law for obvious policy reasons goes further than the civil law. Acts which knowingly facilitate the commission of a crime amount to the crime of aiding and abetting but they do not amount to a tort or make the aider liable as a joint tortfeasor.

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Legislation
  • Suicide Act 1961
    • UK Non-devolved
    • 1 de Enero de 1961
    ......or infanticide shall. apply also to aiding, abetting,. counselling or procuring suicide. The Children and Young ......
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... is amended as follows-. . . (a) in section 3 (aiding and abetting female genital mutilation), in subsections (1)(c) and (2) ......
  • Human Trafficking and Exploitation (Scotland) Act 2015
    • Scotland
    • 1 de Enero de 2015
    ...... by the person in a way which shows that the other person is aiding, abetting or compelling the prostitution. . (4) Another person involves ......
  • Vagrancy Act 1824
    • UK Non-devolved
    • 1 de Enero de 1824
    ...... or other Peace Officer in the Execution of this Act, or shall be aiding, abetting or assisting therein, and shall be thereof convicted upon the  ......
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Books & Journal Articles
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Law Firm Commentaries
  • The Rule In Gibbs: Safeguarding Creditors’ Rights Or Aiding And Abetting "Hold Out" In Foreign Insolvencies?
    • JD Supra United Kingdom
    There is an English common law rule that a debt governed by English law cannot be discharged or compromised by a foreign insolvency proceeding. This rule is derived from a Court of Appeal case: Ant...
  • Second Circuit Clarifies Limits of FCPA’s Extraterritorial Reach
    • LexBlog United Kingdom
    The U.S. Court of Appeals for the Second Circuit narrowed the reach of the Foreign Corrupt Practices Act (“FCPA” or “the Act”) in ruling that the government cannot use aiding and abetting or conspi...
    ......aiding and abetting or conspiracy statutes to charge a defendant with violating ......
  • Final Act in Loss Mitigation Insurance Episode
    • LexBlog United Kingdom
    In the final act in the unfolding of a scheme to use “insurance” to misrepresent the financial statements of Brightpoint, on May 25, 2007, a civil jury found against Brightpoint’s former risk manag...
    ......’s former risk manager, Timothy Harcharik, on claims of aiding and abetting civil securities laws violations. (Refer here and here for ......
  • Bribery Act review: economic crime and failure to prevent offences
    • JD Supra United Kingdom
    The government published in May 2019 its responses to two Committee reports on financial crime. First,  the House of Commons Treasury Committee on 8 March 2019, published its report on “Economic Cr...
    ...... be extended to secondary participation in the predicate offending (aiding and abetting, for example) as well as inchoate conduct (such as statutory ......
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