ACCESSORIES and ABETTORS ACT 1861
BROTHERHOOD - Police officers band together to protect each other and their chums in other local authorities. But, every once in a while a whistleblower or other turn of events reveals that there is corruption and that there has been a cover up.
GUILTY & PROSECUTABLE
'Aiding and abetting' is a legal doctrine related to the guilt of someone who
aids or abets in the commission of a crime. It exists in a number of different countries and generally allows a court to pronounce someone guilty for
abetting in a
crime even if they are not the principal offender.
In civil terms regarding damages, this is termed vicarious liability.
"Whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender."
"A person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence... "
In R v Clarkson (1971) 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 (1985) 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 does not specify what offence is to be committed, but leaves it to the principal to decide what offence is to be committed, the accessory will be liable.
- R v Betts and Ridley (1930) 22 Cr App R 148 is a landmark case in English criminal law from 1930, which established that to be convicted of a crime under the doctrine of Common purpose, it was not necessary for an accessory to actually be present when the offence was carried out.
SEEING EYE - Seen as an elite club for business and other ambition,
the Masons do a lot of good. Unfortunately, like any institution, this
brotherhood will contain members that err on the wrong side of the law.
It is those members that bring the majority of honest members into
LINKS & REFERENCE
Government publications 2010 to 2015 government policy local council transparency and accountability
2010 to 2015 Government policy local council transparency and accountability
Government policies local council transparency and accountability
Government news guidance to help councillors with new transparency agenda
HERSTMONCEUX & PARISH COUNCIL CONTACTS
COUNCIL MEMBERS SITTING ON - AREA PLANS SOUTH 2015
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SUSSEX POLICE OFFICERS
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