Accession - Police Probationer Training PDF

OFFICIAL Unit 4 Lesson 3...

OFFICIAL Unit 4 Lesson 3 Accession Lesson Aim: The learner will be able to explain the principles of accession in relation to crime Learning Outcomes: On successful completion of the lesson, Introduction students will be able to:- Accession is not a crime or offence in its own right; it is a legal concept. 1. Define “principal”, “accessory” and “abettor” It is a legal term used to describe the principle that:- 2. Explain the importance of guilty knowledge Everyone who participates in a crime or offence is equally liable, no matter what part they played. The general rule is that no distinction is drawn between the different parties involved on the basis of their degree of involvement. The person who actually commits the crime or offence is called the ‘principal’. Others who are involved in the crime or offence are either ‘accessories’ or ‘abettors’. Accessories and abettors may be tried along with the principal or, if the principal has absconded, may be tried alone. Let’s look at what these terms actually mean. 1 th Amended 25 April 2024 v.3 OFFICIAL  OFFICIAL Unit 4 Lesson 3 Accession Principal The principal is the person who actually commits the crime or offence. Principal Accessory An accessory is anyone who, aids the perpetrator with advice or assistance before or at the time of the crime or offence, or who acts in concert by watching whilst the crime or offence is committed. Accessory Abettor An abettor is a person who incites, instigates, encourages or counsels another to commit a crime or offence. Abettor Guilty Knowledge A person is only guilty of a crime or offence by accession if they have guilty knowledge of the specific crime or offence. A general suspicion that the assistance they are giving is for a criminal act is not enough. Because there must be guilty knowledge, there can only be accession before or during the crime. There can be no accession after a crime has been committed. 2 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 3 Accession Activity 1 A1 Read the following scenario and, using the diagram, fill in the role of each participant in the crime. In this case, the crime is a robbery. David Stevens enters the bank and threatens staff with a sawn-off shotgun, shouting “Hand over the money”. Richard Davies is the person who supplied the sawn-off shotgun to Stevens. Stevens told him he wanted to rob a bank and required a weapon. Jim Jackson is the bank clerk, who gave security details of the bank to Stevens. Jackson is an associate of Stevens and has been approached by him regarding the bank security. Jackson freely provided the information and was aware of Stevens’ plans. The getaway driver, Callum Donald, is outside the bank waiting on Stevens. Donald had been approached by Stevens to drive the getaway vehicle and is aware that the robbery will take place. Pamela Ferguson is the girlfriend of Stevens. She is aware he has money problems but he has not disclosed his plans to her. Peter Russell who, is owed a lot of money by Stevens, and has encouraged him to carry out the bank raid to obtain money to pay his debt. After the robbery has taken place Stevens takes the bag of money back to his girlfriend, Pamela Ferguson’s house. Fearing that the police will call and search the house she hides the money under the floorboards. She was unaware of the plan to rob the bank. 3 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 3 Accession Activity 1 continued A1 Principal Accessory Abettor All Guilty of Robbery Not Guilty - Only Aware of the Crime 4 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 3 Accession If you look over the page at the feedback, you can see that all, with the exception of Ferguson, had guilty knowledge. They were aware of what was intended and what they were participating in. Ferguson had no knowledge before or during the crime and is therefore not guilty of the Robbery. Any assistance she provided after the event would be dealt with separately. She is guilty of Attempt to Pervert the Course of Justice. (Covered in Crimes Against Public Justice Lesson). Liability in Prosecution The principals, accessories and abettors would all be charged with the same crime or offence. However, if found guilty, the court may deal with them differently, e.g. an abettor who planned the crime, may be dealt with more severely. Accession Under Statute Many statutes create specific offences for accession to the principle offence. However, even if this is not stated in the statute, “Section 293 of the Criminal Procedure (Scotland) Act 1995 provides that any person who aids, abets, counsels, procures or incites any person to commit an offence against the provisions of any statute shall be guilty of an offence”. 5 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 3 Accession Feedback 1 F1 As you can see there are a number of people involved in this crime. Did you identify the following:- David Stevens, principal. He actually committed the crime. Richard Davies, accessory. He supplied the shotgun to Stevens and was aware a crime was going to be committed. Jim Jackson, accessory. He supplied information regarding the security details and was aware of Stevens plans. Callum Donald, accessory. He was the getaway driver waiting outside and was aware of the ongoing robbery. Pamela Ferguson, non-accused. She is neither a principal, an accessory nor an abettor. She has assisted her boyfriend after the robbery and from the above circumstances had no previous knowledge that it was going to take place. You will see later that she is guilty of another separate offence namely, Attempt to Pervert the Course of Justice. Peter Russell, abettor. He suggested to Stevens that he commit the crime to clear his debt. 6 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 3 Accession Activity 2 A2 Have a look at these scenarios from Brookbank and identify who commits what crime. 1. Jones works as a night security guard on a building site. His friends are looking for cheap laminate flooring. Jones tells his friends that for £30 he’ll make sure the gates to the site are left insecure between specific times. He unlocks the gates; they gain access and steal 23 packs of laminate flooring from a lockfast warehouse valued at £25 each. 2. It’s midnight and a car pulls into the forecourt of a garage service station. Both the driver and passenger put on balaclavas. The passenger enters the shop, threatens the assistant and demands she hand over the money from the till. In fear, the assistant hands over £200. The passenger returns to the vehicle and they speed off. 3. A man’s wife threatens to divorce him whereby he would have to pay a large monetary settlement. He pays a contract killer a sum of money. The hired person kills her, and together they dispose of the body. The man then reports his wife as a missing person. 7 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 3 Accession Feedback 2 F2 1. Jones and his friends are guilty of Theft by Housebreaking. Jones is an accessory to the crime as he aided his friends, the principals, by unlocking the gates ensuring the security could be overcome. 2. Both the driver and passenger are guilty of robbery. The passenger is the principal and the driver is the accessory. The driver acted as lookout/getaway driver therefore providing assistance and aiding the perpetrator. 3. Both the contract killer and husband are guilty of murder. The contract killer is the principal and the husband is the abettor as he has instigated the crime. 8 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 3 Accession For further information, use the resources shown below:- Legal Database:- Criminal Law - General Principles - Art and Part Liability Review: You can define “principal”, “accessory” and “abettor” You can explain the importance of guilty knowledge Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 9 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 3 Accession 10 Scots Criminal Law: Introduction and Investigation OFFICIAL