Commentary on Sections Section 18: No individual liability
56.Section 18 expressly excludes secondary liability for the new offence. Secondary liability is the principle under which a person may be prosecuted for an offence if they have assisted or encouraged its commission. In general, this means that a person can be convicted for an offence if they have aided, abetted, counselled or procured it or, in Scotland, are guilty art and part. However, section 18 specifically excludes an individual being liable for the new offence on this basis. This does not though affect an individual’s direct liability for offences such as gross negligence manslaughter, culpable homicide or health and safety offences, where the relevant elements of those offences are made out.