Brookes v Retail Credit Cards Limited
Queen's Bench Division 15 October 1985 (TS Review 4/1986 Vol.94 Page 67)

The defendants were charged under the Accessories and Abettors Act 1861 with aiding and abetting offences of unlicensed credit-brokerage by a retailer who offered goods on credit using the defendant's finance facilities. It was held that:

(1)     The provision of display boxes and application forms is not credit brokerage.

(2)     The wording of Section 170 does not exclude liability for the criminal offence of aiding and abetting an offence under the Act, nor for conspiracy to commit such an offence, nor for attempting to commit such an offence.

(3)     Physical presence at the scene of a crime is no longer required to establish aiding and abetting. It never has been a condition for counselling or procuring an offence. For what it is worth, the display of application forms bearing the defendant's name does not amount to 'constructive presence'.