CO129-511-21 Accessories and Abettors Ordinance 1928- Bill 13-9-1928 - 27-11-1928 — Page 23

23

24

686

Accessories after the

Fact may be indicted as such, or as substantive Felons.

Punishment

ries after the Fact.

24° & 25° VICTORIÆ, Cap. 94.

Accessories and Abettors.

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.

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 prin- cipal 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 an Accessory, may be Fact to the same Felony, if convicted as punished.

4. Every Accessory after the Fact to any Felony (except where of Accesso- it is otherwise specially enacted), 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.

Prosecution

of Accessory

As to Accessories generally:

5. If any principal Offender shall be in anywise convicted of any after Prin- Felony, it shall be lawful to proceed against any Accessory, either cipal has before or after the Fact, in the same Manner as if such principal been con-

Felon had been attainted thereof, notwithstanding such principal victed, but notattainted. 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.

Several Accessories

may be in- cluded in

the same

Indictment

although principal

Felon not

included.

6. Any Number of Accessories at different Times to any Felony, and any Number of Receivers at different Times of Property stolen at One Time, may be charged with substantive Felonies in the same Indictment, and may be tried together, notwithstanding the principal Felon shall not be included in the same Indictment, or shall not be in Custody or amenable to Justice.

7. Where

24° & 25° VICTORIÆ, Cap.94.

Accessories and Abettors.

687

Accessories.

7. Where any Felony shall have been wholly committed within Trial of England or Ireland, the Offence of any Person who shall be an Accessory either before or after the Fact to any such Felony may be dealt with, inquired of, tried, determined, and punished by any Court which shall have Jurisdiction to try the principal Felony, or any Felonies committed in any County or Place in which the Act by reason whereof such Person shall have become such Accessory shall have been committed; and in every other Case the Offence of any Person who shall be an Accessory either before or after the Fact to any Felony may be dealt with, inquired of, tried, determined, and punished by any Court which shall have Jurisdiction to try the principal Felony or any Felonies committed in any County or Place in which such Person shall be apprehended or be in Custody, whether the principal Felony shall have been committed on the Sea or on the Land, or begun on the Sea and completed on the Land, or begun on the Land and completed on the Sea, and whether within Her Majesty's Dominions or without, or partly within Her Majesty's Dominions and partly without; provided that no Person who shall be once duly tried either as an Accessory before or after the Fact, or for a substantive Felony under the Provisions herein- before contained, shall be liable to be afterwards prosecuted for the same Offence.

As to Abettors in Misdemeanors:

Misdemea-

8. Whosoever shall aid, abet, counsel, or procure the Commission Abettors in of any Misdemeanor, whether the same be a Misdemeanor at Common nors. Law or by virtue of any Act passed or to be passed, shall be liable

to be tried, indicted, and punished as a principal Offender.

As to other Matters:

committed

of the

9. Where any Person shall, within the Jurisdiction of the Admiralty As to of England or Ireland, become an Accessory to any Felony, whether Offences the same be a Felony at Common Law or by virtue of any Act passed within the or to be passed, and whether such Felony shall be committed within Jurisdiction that Jurisdiction or elsewhere, or shall be begun within that Jurisdiction Admiralty. and completed elsewhere, or shall be begun elsewhere and completed within that Jurisdiction, the Offence of such Person shall be Felony; and in any Indictment for any such Offence the Venue in the Margin shall be the same as if the Offence had been committed in the County or Place in which such Person shall be indicted, and his Offence shall be averred to have been committed " on the High Seas;" provided that nothing herein contained shall alter or affect any of the Laws relating to the Government of Her Majesty's Land or Naval Forces.

10. Nothing