Definition

2.(1) In this Act, “arrestable offence”

(a) means

(i) an offence for which the sentence is fixed by law;
(ii) an offence for which a person may, under or by virtue of any enactment, be sentenced to 5 or more years imprisonment;
(iii) an offence for which a person may be arrested under the Customs Act, Cap. 66;
(iv) an offence under the Official Secrets Acts, 1911 and 1920;
(v) an offence under section 3 or 5 of the Prevention of Corruption Act, Cap. 144;

(d) inciting, aiding, abetting, counselling or procuring the commission of any offence mentioned in paragraph (a).

Penalties for assisting offenders

8.(1) Where a person has committed an arrestable offence, any other person who, knowing or believing him to have committed the offence or some other arrestable offence, does without lawful authority or reasonable excuse any act with intent to impede his apprehension or prosecution is guilty of an offence.

(2) If, on the trial of an accused on indictment for an arrestable offence, the jury are satisfied that the offence charged, or some other offence of which the accused might on that charge be found guilty, was committed, but find the accused not guilty of it, they may find him guilty of any offence under subsection (1) of which they are satisfied that he is guilty in relation to the offence charged, or that other offence.

(3) A person committing an offence under subsection (1) with intent to impede another person’s apprehension or prosecution is, on conviction on indictment, liable to imprisonment according to the gravity of the other person’s offence, as follows:

(a) if that offence is one of high treason or of murder, he is liable to imprisonment for 10 years;
(b) if it is one for which a person, not previously convicted, may be sentenced to imprisonment for a term of 15 years, he is liable to imprisonment for 7 years;
(c) if it is one not included in paragraph (a) or (b) but is one for which a person, not previously convicted, may be sentenced to imprisonment for a term of 10 years, he is liable to imprisonment for 5 years; (d) in any other case, he is liable to imprisonment for 3 years.

(4) No proceedings may be instituted for an offence under subsection (1) except by or with the consent of the Director of Public Prosecutions, but this subsection does not prevent the arrest, or the issue of a warrant for the arrest, of a person for such an offence, or the remand in custody or on bail of a person charged with such an offence.

(5) For the purposes of the Extradition Act, Cap. 189, offences in relation to an extradition crime which in Barbados would be offences under subsection (1) are extradition crimes and are deemed to be included in the Schedule to that Act.

Part 4 Aiders and Abettors

Article 17 Abettors in indictable and summary offences

(1) Any person who aids, abets, counsels or procures the commission of any arrestable offence or misdemeanour, whether the misdemeanour is one at common law or by virtue of any Act, may be indicted, tried and punished as a principal offender.

(2) Every person who at different times handles stolen property may be charged in the same indictment and may be tried together, notwithstanding that the principal offender is not included in the same indictment or is not in custody or amenable to justice.

Aiders and Abettors

Article 18 Abettors in Admiralty offences

Where any person, within the jurisdiction which before 30th November, 1966 would have been the jurisdiction of England, aids, abets, counsels, or procures the commission of any arrestable offence cognisable in the courts of Barbados, whether the same is an offence at common law or by virtue of any Act and whether such offence was committed within that jurisdiction or elsewhere, or was begun within that jurisdiction and completed elsewhere, or was begun elsewhere and completed within that jurisdiction, the venue in the margin of an indictment for any such offence shall be the same if the offence had been committed in Barbados and the offence shall be averred to have been committed on the high seas.