Legal issues
The prosecution should distinguish principal liability from secondary liability and identify what act is said to amount to assistance or encouragement. Presence, association or knowledge of another person’s offending is not automatically enough.
The required mental element depends on the substantive offence and the alleged assistance or encouragement. Cases involving escalating violence can require particularly careful analysis of what the secondary party intended, what offence was ultimately committed and what evidence supports the prosecution inference.
Secondary liability is distinct from conspiracy. Conspiracy concerns an agreement to pursue criminal conduct; secondary liability concerns responsibility for another person’s substantive offence because of intentional assistance or encouragement.
Evidence that matters
Evidence can include CCTV, body-worn video, messages, calls, location data, vehicles, weapons, financial records, witness accounts and conduct before, during and after the offence. In group cases, the evidence should be separated defendant by defendant.
Reasonable lines of enquiry
Reasonable enquiries may include full communications rather than selected extracts, CCTV showing each person’s conduct, location and timing, evidence of withdrawal or non-participation, innocent explanations for association and material bearing on whether assistance or encouragement was intentional.
What happens next
Secondary-liability allegations commonly arise in homicide, serious violence, robbery, burglary, drugs and other multi-defendant Crown Court cases. The prosecution should specify the factual and legal basis on which each defendant is alleged to be liable.
Early defence work should identify whether the case alleges principal participation, secondary liability, conspiracy or more than one route because the evidential and legal questions are different.
Immediate steps
Preserve complete communications, location evidence and material explaining your relationship with the other defendants. Do not coordinate accounts with co-accused or contact witnesses contrary to bail conditions or legal advice.
What should you send us?
Send the charge or suspected offence, prosecution case summary, your alleged role, co-defendant details, messages or call schedules, CCTV/location evidence, interview material, bail conditions and next date.