CONTENTS. An Act to consolidate and amend the Statute Law of England An Act to repeal certain Enactments which have been consoli- 1861] 7 An Act to consolidate and amend the Statute Law of England An Act to consolidate and amend the Statute Law of England An Act to consolidate and amend the Statute Law of England An Act to consolidate and amend the Statute Law of the United A TABLE OF INDICTABLE OFFENCES under the New Criminal and Bankruptcy Law Consolidation Acts, with *** The sections and parts of sections within CRIMINAL STATUTES. 24 & 25 VICT. CAP. 94. An Act to consolidate and amend the Statute Law of England and Ireland relating to Accessories to and Abettors of indictable Offences. [6th August, 1861.] WHEREAS it is expedient to consolidate and amend the statute law of England 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: 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. This section is framed on the 11 & 12 Vict. c. 46, s. 1. By the common law no accessory in the case of felony could be tried until after the complete conviction (see the note to Accessories fact may be punished as principals. before the tried and Accessories before the fact may be indicted as such, or as substantive felons. Accessories after the fact may be indicted as such, or as substantive felons. sect. 6, post) of the principal, the crime of the former being considered as dependent on the proved guilt of the latter. In treason and in all misdemeanors, accessories before the fact are treated as principals. 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. Framed on the 7 Geo. 4, c. 64, s. 9; and the Irish Act, 9 Geo. 4, c. 54, s. 23. This section is practically merged in the more comprehensive terms of the first section; for one who procures, counsels or commands another to commit a crime, is within Lord Hale's definition of an accessory before the fact. As to accessories after the fact: 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. Framed on the 11 & 12 Vict. c. 46, s. 2; previous to which last-mentioned statute an accessory after the fact to felony could be tried only along with the principal felon, or after the principal felon had been convicted, which, as the section recited, was "sometimes productive of a failure of justice." of accesso fact. 4. [Every accessory after the fact to any felony Punishment (except where it is otherwise specially enacted), ries after the 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 : of accessory cipal has victed, but 5. If any principal offender shall be in anywise Prosecution convicted of any felony, it shall be lawful to pro- after princeed against any accessory, either before or after been conthe fact, in the same manner as if such principal not attainted. felon had been attainted thereof, notwithstanding such principal felon shall die, or be pardoned, or otherwise delivered before attainder; and every such accessory shall upon conviction suffer the same punishment as he would have suffered if the principal had been attainted. Framed on the 7 Geo. 4, c. 64, s. 11, and the Irish Act, 9 Geo. 4, c. 54, s. 25. A few words will suffice to explain the scope of this provision. By the common law no acces |