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. There is no such offence recognised in Scotland as that of being an accessory after the fact.[1][better source needed]
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.
See also
edit- Legal doublet
- Common purpose, a similar principal under English Law
References
edit- ^ One or more of the preceding sentences incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "Art and Part". Encyclopædia Britannica. Vol. 2 (11th ed.). Cambridge University Press. p. 661.
- ^ "Criminal Procedure (Scotland) Act 1995: PART XIII: Art and part and attempt: Section 293". legislation.gov.uk. Retrieved 13 March 2018.
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