Art and part is a term used in Scots law to denote the aiding or abetting in the perpetration of a crime, or being an accessory before or at the perpetration of the crime. It results in each person involved in the crime being equally liable for the full offence, regardless of their individual contribution to it. [1]
Under section 293(1) of the Criminal Procedure (Scotland) Act 1995, [2] a person may be convicted of, and punished for, a contravention of any enactment, notwithstanding that he was guilty of such contravention as art and part only. Subsection (2) says:
(2) Without prejudice to subsection (1) above or to any express provision in any enactment having the like effect to this subsection, any person who aids, abets, counsels, procures or incites any other person to commit an offence against the provisions of any enactment shall be guilty of an offence and shall be liable on conviction, unless the enactment otherwise requires, to the same punishment as might be imposed on conviction of the first-mentioned offence.
The accused must have made some kind of contribution or participated in some way to the crime to be liable for the full offence. [3] Simply being present at the scene of a crime is therefore not enough. Contribution can come in the form of psychological assistance, by giving advice or instigating the commission of the crime, or physical assistance, such as driving a getaway vehicle during a robbery. [4]
The accused must have shared a ‘common purpose’ to commit the crime, by being aware of what the other members were doing and voluntarily assisting or participating in carrying out the crime. [5] However, an accused will not be liable for any actions by a co-accused which go unforeseeably beyond the scope of the common purpose. [6] There does not need to be prior agreement to commit the crime. ‘spontaneous coming together’ is enough. [7]
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of one or more persons in a public place to the terror of ordinary people. Depending on their actions, and the laws of the prevailing jurisdiction, those engaged in an affray may also render themselves liable to prosecution for assault, unlawful assembly, or riot; if so, it is for one of these offences that they are usually charged.
Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.
The Theft Act 1968 is an act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.
Breach of the peace or disturbing the peace is a legal term used in constitutional law in English-speaking countries and in a public order sense in the United Kingdom. It is a form of disorderly conduct.
An accessory is a person who assists, but does not actually participate, in the commission of a crime. The distinction between an accessory and a principal is a question of fact and degree:
In criminal law, a mistake of fact may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the mental element. This is unlike a mistake of law, which is not usually a defense; law enforcement may or may not take for granted that individuals know what the law is.
A procurator fiscal, sometimes called PF or fiscal, is a public prosecutor in Scotland, who has the power to impose fiscal fines. They investigate all sudden and suspicious deaths in Scotland, conduct fatal accident inquiries and handle criminal complaints against the police. They also receive reports from specialist reporting agencies such as His Majesty's Revenue and Customs.
Concealment of birth is the act of a parent failing to report the birth of a child. The term is sometimes used to refer to hiding the birth of a child from friends or family, but is most often used when the appropriate authorities have not been informed about a stillbirth or the death of a newborn. This is a crime in many countries, with varying punishments.
Absolute liability is a standard of legal liability found in tort and criminal law of various legal jurisdictions.
In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person.
Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.
Property crime is a category of crime, usually involving private property, that includes, among other crimes, burglary, larceny, theft, motor vehicle theft, arson, shoplifting, and vandalism. Property crime is a crime to obtain money, property, or some other benefit. This may involve force, or the threat of force, in cases like robbery or extortion. Since these crimes are committed in order to enrich the perpetrator they are considered property crimes. Crimes against property are divided into two groups: destroyed property and stolen property. When property is destroyed, it could be called arson or vandalism. Examples of the act of stealing property is robbery or embezzlement.
Although the legal system of Singapore is a common law system, the criminal law of Singapore is largely statutory in nature and historically derives largely from the Indian penal code. The general principles of criminal law, as well as the elements and penalties of general criminal offences such as assault, criminal intimidation, mischief, grievous hurt, theft, extortion, sex crimes and cheating, are set out in the Singaporean Penal Code. Other serious offences are created by statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act and Vandalism Act.
Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace. Scottish criminal law can also be found in the statutes of the UK Parliament with some areas of criminal law, such as misuse of drugs and traffic offences appearing identical on both sides of the Border. Scottish criminal law can also be found in the statute books of the Scottish Parliament such as the Sexual Offences (Scotland) Act 2009 and Prostitution (Scotland) Act 2007 which only apply to Scotland. In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. Corroboration is not required in England or in civil cases in Scotland. Scots law is one of the few legal systems that require corroboration.
Child destruction is the name of a statutory offence in England and Wales, Northern Ireland, Hong Kong and in some parts of Australia.
Prostitution in Scotland has been similar to that in England under the State of Union, but since devolution, the new Scottish Parliament has pursued its own policies.
Burglary is a statutory offence in England and Wales.
Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets another person in the commission of a crime. It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if he or she is not the principal offender. The words aiding, abetting and accessory are closely used but have differences. While aiding means providing support or assistance to someone, abetting means encouraging someone else to commit a crime. Accessory is someone who in fact assists "commission of a crime committed primarily by someone else". However, some jurisdictions have merged being an accessory before the fact with aiding and abetting.
Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom. Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland and Scots law is passed by the Scottish Parliament on all areas of devolved responsibility, and the United Kingdom Parliament on reserved matters. Some legislation passed by the pre-1707 Parliament of Scotland is still also valid.
The importance of corroboration is unique to Scots criminal law. A long-standing feature of Scots law, the requirement for corroborating evidence means at least two independent sources of evidence are required in support of each crucial fact before an accused can be convicted of a crime. This means, for example, that an admission of guilt by the accused is insufficient evidence to convict in Scotland, because that evidence needs to be corroborated by another source.