Secondary Liability: charging decisions on principals and accessories
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This CPS prosecution guidance delineates how to approach charging decisions when dealing with individuals who aid or encourage the commission of crimes, termed accessories or secondary parties. It particularly addresses the legal parameters established by the case R v Jogee, detailing various scenarios of principal and accessory liability, evidential requirements, and public interest considerations in prosecuting such cases.
Key points
- Secondary liability involves accomplices assisting or encouraging a principal offender.
- R v Jogee establishes a framework for determining liability of accessories.
- Prosecutors must assess both evidential and public interest tests in charging.
- The roles of principal and accessory can differ in multi-party offences.
- Conditionally intended support may still result in liability for secondary parties.
Public-interest factors
- Seriousness of the offence
- Culpability of the suspect
- Impact on the victim
- Suspect's age and maturity
- Public safety considerations
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.