Parties, accessories, and attempts

75 Parties to the commission of offences against this Act

(1)

Every person subject to this Act is a party to an offence against this Act who—

(a)

actually commits the offence; or

(b)

does or omits any act for the purpose of aiding any person to commit the offence; or

(c)

abets any person in the commission of the offence; or

(d)

incites, counsels, or procures any person to commit the offence; or

(e)

conspires with 1 or more other persons to commit the offence.

(2)

If a person subject to this Act aids, abets, incites, counsels, or procures, or conspires with, any person who is not subject to this Act to do or omit any act which would be an offence against this Act if that person were subject to this Act, the act or omission shall, for the purposes of this section, but for no other purpose, be deemed to be an offence against this Act.

(3)

Where 2 or more persons subject to this Act form a common intention to prosecute an unlawful purpose, and to assist each other in that purpose, and one of them commits an offence against this Act, the other or others of them shall be a party or parties to the offence if the offence was committed in the prosecution of the common purpose and the commission of the offence was known by the last-mentioned person or persons to be a probable consequence of the common purpose.

(4)

Every person subject to this Act who is, by virtue of paragraphs (b) to (e) of subsection (1), a party to an offence against this Act (whether or not the offence is actually committed) commits an offence, and is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence exceeds 7 years’ imprisonment, and, in any other case, is liable to the same punishment as if he had actually committed the offence.

(5)

Every person subject to this Act who incites, counsels, or procures any other person subject to this Act to be a party to an offence against this Act of which that other person is afterwards convicted is a party to that offence, although it may have been committed in a way different from that which was incited, counselled, or suggested.

(6)

Every person subject to this Act who incites, counsels, or procures any other person subject to this Act to be a party to an offence against this Act is a party to every offence which that other person commits in consequence of the incitement, counselling, or procurement, and which the first-mentioned person knew to be likely to be committed in consequence thereof.

(7)

For the purposes of this section, a person is capable of conspiring with his or her husband, wife, or civil union partner, or with any of them and any other person.

Compare: Naval Discipline Act 1957 s 41 (UK)

Section 75(7): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).