Aiding & Abetting

Aiding and Abetting

The Criminal Law Act 1997 provides that any person who aids, abets, counsels, or procures the commission of a crime may be indicted, tried, and punished in the same way as the principal offender. Aiding and abetting a crime generally requires that the relevant person be present when the crime is committed. Generally, the person aiding and abetting gives assistance and encouragement to the main offender during the commission.

A person may be convicted of a secondary offence even if the principal offender is untraceable, unknown, or even acquitted. Where a person is charged with an arrestable offence (i.e. an offence carrying a potential penalty of more than 5 years), the Criminal Law Act 1997 provides that he may be alternatively convicted of impeding the arrest of a principal offender if there is not sufficient evidence to convict him of the principal offence.

Assisting Offenders

Any person who aids, abets, counsels or procures the commission of an indictable offence shall be liable to be indicted, tried and punished as a principal offender.

Any person who, outside the State, aids, abets, counsels or procures the commission of an indictable offence in the State shall be liable to be indicted, tried and punished as a principal offender if—

• the person does so on board an Irish ship,
• the person does so on an aircraft registered in the State,
• the person is an Irish citizen, or
  the person is ordinarily resident in the State.

Impeding Apprehension or Prosecution

Where a person has committed an arrestable offence, any other person who, knowing or believing him or her to be guilty of the offence or of some other arrestable offence, does without reasonable excuse any act  whether in or outside the State, with intent to impede his or her apprehension or prosecution shall be guilty of an offence.

A person shall be guilty of the above offence for doing an act outside the State only if—

• the person does so on board an Irish ship,
• the person does so on an aircraft registered in the State,
• the person is an Irish citizen, or
• the person is ordinarily resident in the State.

Trial and Penalty

If, upon the trial on indictment of an arrestable offence, it is proved that the offence charged, or some other offence of which the accused might on that charge be found guilty, was committed but it is not proved that the accused was guilty of it, the accused may be found guilty of an offence above of which it is proved that he or she is guilty in relation to the offence charged, or that other offence.

A person committing an offence above with intent to impede another person’s apprehension or prosecution shall be liable on conviction on indictment to imprisonment according to the gravity of the offence that the other person has committed or attempted to commit, as follows:

• if that offence is one for which the sentence is fixed by law, or for which the maximum sentence is imprisonment for life, he or she shall be liable to imprisonment for a term not exceeding ten years;
• if it is one for which a person of full capacity and not previously convicted may be sentenced to imprisonment for a term of fourteen years, he or she shall be liable to imprisonment for a term not exceeding seven years;
• if it is not one included in the last two, but is one for which a person of full capacity and not previously convicted may be sentenced to imprisonment for a term of ten years, he or she shall be liable to imprisonment for a term not exceeding five years;
• in any other case, he or she shall be liable to imprisonment for a term not exceeding three years.

Where a person is charged with an offence above, no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.

Assistance Elements

A classic instance of aiding is acting as a lookout while a robbery or burglary is committed. However, the circumstances which constitute aiding and abetting prospectively unlimited.

To sustain a conviction as an accessory before the fact or for aiding and abetting in the commission of a crime the prosecution must prove that the acts of aiding and abetting attributed to the accused were done in the knowledge of the intended commission of the crime and assisted its commission. The act must be done with  the mens rea of the offence committed by the principal.

The key requirement is the proof of an act on the part of the accused from which his intentions may be inferred. Its effect must be to assist the principal in the commission of the crime proved to have been committed by the principal or the commission of a crime of a similar nature known to the accused to be the intention of the principal when assisting him.

A person may aid and abet crime although he does not know its details.. He need not know the exact circumstances or its details. Knowledge of its broad nature is sufficient.

Withholding Information

Where a person has committed an arrestable offence, any other person who, knowing or believing that the offence or some other arrestable offence has been committed and that he or she has information which might be of material assistance in securing the prosecution or conviction of an offender for it, accepts or agrees to accept for not disclosing that information any consideration other than the making good of loss or injury caused by the offence, or the making of reasonable compensation for that loss or injury, shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding three years.

No proceedings shall be instituted for an offence except by or with the consent of the Director of Public Prosecutions.

The compounding of an offence shall not be an offence other than under this legislation.

A person shall be guilty of an offence above for conduct that the person engages in outside the State only if—

• the conduct takes place on board an Irish ship,
• the conduct takes place on an aircraft registered in the State,
• the person is an Irish citizen, or
• the person is ordinarily resident in the State.

No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.

A person who has his or her principal residence in the State for the 12 months immediately preceding the commission of an offence above is, for these purposes of ordinarily resident in the State on the date of the commission of the offence.

Summary Offences

The above provisions apply to arrestable offences. Similar provisions to summary offences are under older jurisdiction.

Every person who shall aid, abet, counsel, or procure the commission of any offence which is or shall be punishable on summary conviction shall be liable to be proceeded against and convicted for the same, either together with the principal offender or before or after his conviction.

They shall be liable, on conviction, to the same forfeiture and punishment to which such principal offender shall be by law liable, (except where the age of such aider or abettor shall exceed fourteen years, in which case he shall be liable to the same forfeiture and punishment to which any principal offender whose age shall exceed fourteen years shall be liable,)

They may be proceeded against and convicted either in the county where such principal offender may be convicted or in that in which such offence of aiding, abetting, counselling, or procuring may have been committed.