Participation in Crime under Scots Law
The first is via 'secondary offences', whereby a specific freestanding contribution to an actual or envisaged crime is punished in its own right as, for example, incitement or a conspiracy. The law recognises the secondary offences of conspiracy and incitement, alongside other secondary offences recently introduced in relation to organised crime. The main focus of this chapter will be upon art and part liability, as it is here that useful comparisons can be made between Scotland and England and Wales. In addition to conspiracy and incitement, a complete account of Scots law must now consider the secondary liability provisions introduced in the Criminal Justice and Licensing, Scotland, Act 2010 in relation to serious organised crime, which came into force in December 2010. The main procedural mechanism for dealing with participation is the common law doctrine of art and part.