An accessory after the fact is a person who, without having participated in a crime, learns of it after it has been committed and helps the offender conceal it or evade capture, for example by hiding evidence or assisting an escape. This status is distinguished from that of a principal, whose own act or omission directly causes the criminal offense, and from an accessory before the fact, whose assistance occurs before or during the crime rather than afterward; the distinguishing feature of accessory after the fact liability is that the assistance is rendered only once the underlying offense is already complete. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/
Facts
Typical PenaltyPunishment varies widely by jurisdiction and historical period. Some jurisdictions treat an accessory identically to the principal offender, while modern United States jurisdictions typically punish accessory after the fact as a separate, lesser offense, often capped at around half the maximum penalty available for the underlying crime. 1 Elements of OffenseAssisting a person known to have committed a crime after the fact, by helping to conceal the offense, helping the offender escape, or otherwise obstructing justice, while knowing the crime was committed and intending to help the offender avoid arrest, trial or punishment. 1 Notable ExampleR v Coney, decided in 1882, established that mere presence at the scene of a crime is not by itself enough to found accessory liability, active encouragement being required. R v Bainbridge, decided in 1960, addressed liability for supplying equipment used in a crime. 1 Jurisdiction VariationMost United States jurisdictions have abolished the older distinction between accessories before the fact and principals while keeping accessory after the fact as a separate, generally less severely punished offense. England and Wales address accomplice liability under the Accessories and Abettors Act 1861. Canada addresses aiding and abetting and joint liability for a common purpose under section 21 of its Criminal Code. Scotland uses its own art and part doctrine of accomplice liability. 1 Open Questions
Classification CodeNo single cross jurisdictional classification code applies. England and Wales codify accomplice liability generally under the Accessories and Abettors Act 1861, most United States states treat accessory after the fact as a distinct, separately punished statutory offense, and Canada and Scotland apply their own distinct doctrines, so no shared code names this offense across jurisdictions. 1 Treatment differs fundamentally by legal system, from a separate statutory offense in United States jurisdictions to general accomplice liability doctrines elsewhere; no single code spans them. Classification
Offense GradeMinor or Summary Offense 1 Sources
1. Accessory (legal term) (Wikipedia)
WikipediaAccessory after the fact definitionQuote, Accessory after the fact definition
A person who learns of the crime after it is committed and helps the criminal to conceal it, or aids the criminal in escaping, or simply fails to report the crime.
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