NCJ Number
218459
Date Published
May 2007
Length
231 pages
Annotation
This report examines the circumstance in which a person (D) ought to be criminally liable for assisting or encouraging another person (P) to commit an offense in the United Kingdom, also known as secondary liability.
Abstract
Secondary liability is viewed as a serious form of liability. This report outlines a statutory scheme in place of the United Kingdom common law rules of secondary liability and innocent agency. The scheme includes three conceptually distinct forms of liability. In the first form, person D would be liable, provided he/she satisfies the requisite fault element, for an offense that P commits with D’s encouragement or assistance or the requisite fault element, for any offenses committed pursuant to a joint criminal venture. The second form is where the common law doctrine of innocent agency should be replaced by a statutory regime. Person D would be liable for an offense as a principal offender if he/she intentionally caused P, an innocent agent to commit the conduct element of an offense but P did not commit the offense because P was either under the age of 10 years, had a defense of insanity, or acted without the fault required to be convicted of the offense. The third form recommends the creation of a new statutory offense of causing another person to commit a no-fault offense. This form means that D would be convicted as a principle offender rather than, as under the current law, a secondary party to the no-fault offense committed by P. This scheme emphasizes the derivative nature of secondary liability. Subject to a very limited number of exceptions, D would incur secondary liability only if P commits a principal offense. The scheme confines secondary liability to cases where D has assisted or encouraged P and/or has formed a joint criminal venture with P. This report provides a summary of the current law, an explanation of recommendations for a statutory scheme for secondary liability, consideration of defenses and explanations, consideration of extra-territorial jurisdiction, and a set of recommendations. Appendixes A-B