Accessories and Abettors Act

Link to law: http://laws.gov.ag/acts/chapters/cap-4.pdf
Published: 0000

Accessories and Abettors (CAP. 4 1

CHAPTER 4

THE ACCESSORIES AND ABETTORS ACT

Arrangement of Sections
Section

1. Short title.
2. Accessories before the fact may be tried and punished

as principals.
3 . Accessories before the fact may be indicted as such, or

as substantive felons.
4. Accessory after the fact may be indicted as such, or as

substantive felon.
5. Punishment of accessory after the fact.
6. Prosecution of accessory after principal has been con-

victed but before judgment.
7. Several accessories may be included in the indictment

although principal felon not included.
8. Abettors in misdemeanours.

ACCESSORIES AND ABETTORS

1. This Act may be cited as the Accessories and Abet-
tors Act.

2. Whosoever shall become an accessory before the ~~~~~~a~~
fact to any felony, whether the same be a felony at common tried and
law or by virtue of any Act may be indicted, tried, convicted, ;;::;is:
and punished, in all respects, as if he were a principal felon.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 4 ) Accessories and Abettors

Accessories before
the fact may be
indicated as
such, or as
substantive
felons.

Accessory after
the fact may be
indicated as
such, or as
substantive felon.

Punishment of
accessory after
the fact.

Prosecution of
accessory after
principal has
been convicted
but before
judgment.

3. 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, 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 prin-
cipal felon; or may be indicted and convicted of a substan-
tive 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.

4. 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, 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; 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 con-
victed as an accessory, may be punished.

5 . Every accessory after the fact to any felony (except
where it is otherwise specially enacted), whether the same
be a felony at common law or by virtue of any Act, shall
be liable to be imprisoned 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
section for not finding sureties for any period exceeding one
year.

6. If any principal offender shall be in any wise con-
victed of any felony, it shall be lawful to proceed against
any accessory, either before or after the fact, in the same
manner as if judgment on such conviction had been record-
ed against the principal felon, notwithstanding such prin-
cipal felon shall die or be pardoned, or otherwise delivered

LAWS OF ANTIGUA AND BARBUDA

Accessories and Abettors (CAP. 4 3

before judgment; and every such accessory shall upon con-
viction suffer the same punishment as he would have suf-
fered if judgment had been so recorded against the principal
felon.

7. Any number of accessories at different times to any Several
accessories may felony, and any number of receivers at different times of be included in

property stolen at one time, may be charged with substan- the Same
indictment

tive felonies in the same indictment and may be tried although
together, notwithstanding the principal felon shall not be in- principal felon

not included.
cluded in the same indictment, or shall not be in custody
or amenable to justice.

8. Whosoever shall aid, abet, counsel, or procure the ~ ; ~ ~ e ~ ~ o u r s .
commission of any misdemeanour, whether the same be a
misdemeanour at common law or by virtue of any Act, shall
be liable to be tried, indicted and punished as a principal
offender.
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