Accessories and Abettors Act 1861

JurisdictionUK Non-devolved
Citation1861 c. 94
Anno Regni VICTORI, Britanniarum Regin,Vicesimo Quarto. An Act to consolidate and amend the Statute Law ofEngland and Ireland relating to Accessories to and Abettors of indictable Offences.

(24 & 25 Vict.) C A P. XCIV.

[6th August 1861]

'WHEREAS it is expedient to consolidate and amend the Statute Law ofEngland and Ireland relating to Accessories to and Abettors of indictable Offences:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

As to Accessories before the Fact:

S-1 Accessories before Fact may be tried, &c. as Principals.

1 Accessories before Fact may be tried, &c. as Principals.

1. Whosoever shall become an Accessory before the Fact to any Felony, whether the same be a Felony at Common Law or by virtue of any Act passed or to be passed, may be indicted, tried, convicted, and punished in all respects as if he were a principal Felon.

S-2 Accessories before Fact may be indicted as such, or as substantive Felons.

2 Accessories before Fact may be indicted as such, or as substantive Felons.

2. Whosoever shall counsel, procure, or command any other Person to commit any Felony, whether the same be a Felony at Common Law or by virtue of any Act passed or to be passed, shall be guilty of Felony, and may be indicted and convicted either as an Accessory before the Fact to the principal Felony, together with the principal Felon, or after the Conviction of the principal Felon, or may be indicted and convicted of a substantive Felony whether the principal Felon shall or shall not have been previously convicted, or shall or shall not be amenable to Justice, and may thereupon be punished in the same Manner as any Accessory before the Fact to the same Felony, if convicted as an Accessory, may be punished.

As to Accessories after the Fact:

S-3 Accessories after the Fact may be indicted as such, or as substantive Felons.

3 Accessories after the Fact may be indicted as such, or as substantive Felons.

3. Whosoever shall become an Accessory after the Fact to any Felony, whether the same be a Felony at Common Law or by virtue of any Act passed or to be passed, may be indicted and convicted either as an Accessory after the Fact to the principal Felony, together with the principal Felon, or after the Conviction of the principal Felon, or may be indicted and convicted of a substantive Felony whether the principal Felon shall or shall not have been previously convicted, or shall or shall not be amenable to Justice, and may thereupon be punished in like Manner as any Accessory after the Fact to the same Felony, if convicted as an Accessory, may be punished.

S-4 Punishment of Accessories after the Fact.

4 Punishment of Accessories after the Fact.

4. Every Accessory after the Fact to Any Felony (except where it is otherwise specially enacted), whether the same be a Felony at Common Law or by virtue of any Act passed or to be passed, shall be liable, at the Discretion of the Court, to be imprisoned in the Common Gaol or House of Correction for any Term not exceeding Two Years, with or without Hard Labour, and it shall be lawful for the Court, if it shall think fit, to require the Offender to enter into his own Recognizances and to find Sureties, both or either, for keeping the Peace, in addition to such Punishment: Provided that no Person shall be imprisoned under this Clause for not finding Sureties for any Period exceeding One Year.

As to Accessories generally:

S-5 Prosecution of Accessory after Principal convicted, &c.

5 Prosecution of Accessory after Principal convicted, &c.

5. If any, principal Offender shall be in anywise convicted of any Felony, it shall be lawful to proceed against any Accessory, either before or after the Fact, in the same Manner as if such principal Felon had been attainted thereof...

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