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10 - Offence Preparation and Participation

from Section III - Interpersonal Violence; Drugs and Alcohol Abuse; Offence Preparation and Participation

Published online by Cambridge University Press:  05 June 2012

Celia Wells
Affiliation:
University of Bristol
Oliver Quick
Affiliation:
University of Bristol
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Summary

Criminal law recognises two distinct types of involvement in crime which can be described as inchoate modes and complete modes. Inchoate modes are those such as attempt to commit a crime, conspiring with others, and assisting or encouraging others to commit crimes. With the exception of attempt, these inchoate modes are methods of widening the net to include those who help others to commit offences. They are ‘inchoate’ (which means ‘to begin with’ or ‘to make a beginning’) and are not dependent on any offences actually being committed. But just as some people set out to commit offences that are never complete, or encourage or assist others who ultimately do not go on to commit offences, very often offences are committed with the active help – or participation – of others. Participation modes of liability are known by a number of different terms – aiding and abetting, secondary liability, complicity. There is also a specific form known as joint enterprise. What unites these completed forms of participation is that there needs first of all to have been an offence committed and from this follows the secondary liability of the person who participated. Such a person is treated as if they had themselves committed the offence.

Type
Chapter
Information
Lacey, Wells and Quick Reconstructing Criminal Law
Text and Materials
, pp. 292 - 336
Publisher: Cambridge University Press
Print publication year: 2010

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References

Norrie, AlanCrime, Reason and History (2nd edn., Butterworths 2001), Chs. 2 and 3.
Smith, K. J. M.A Modern Treatise on the Law of Complicity (Clarendon Press 1991).
Smith, K. J. M. ‘Withdrawal in Complicity: A Restatement of Principles’ [2001] Criminal Law Review 769.
Sullivan, G. R. ‘Participating in Crime: Law Com No 305 – Joint Criminal Ventures’ [2008] Criminal Law Review 19.
Wells, Celia ‘Girls, Gangs and Fears’ in Nicolson and Bibbings (eds.) Feminist Perspectives on Criminal Law (Cavendish Publishing 2000), p. 123.
Wilson, William ‘A Rational Scheme for Participating in Crime’ [2008] Criminal Law Review 3.

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