I've found some legal authority on encouragement and participation
snippets -
"Can “doing nothing” still amount to “something” in a criminal trial?
[...]
A more recent example might be the range of circumstances in R v Andrus Giedraitis 2016 EWCA Crim 1887, where a death had occurred within a building as a result of an arson by the principal. The Court of Appeal found there to be sufficient evidence to infer encouragement by the appellant where he had:
i) Been ‘present” in company with the principle beforehand and afterwards.
ii) Returned to the scene of several occasions, even after the fire had been lit, together with the principal.
iii) Not sought to raise the alarm at any stage.
In such circumstances, it will purely be a question for the jury as to whether they find that it does or it does not, as a matter of fact, amount to encouragement [subject to the qualification that if no fair minded jury could properly reach that conclusion, the judge should withdraw the case].
[...]
However, the prosecution may still seek to rely upon any “inaction” as providing an inference of encouragement and even wider knowledge. [...]
In
Coney (1882) 8.Q.B.D 534, the voluntary presence of spectators at an illegal prize fight was found to be capable of providing an inference of encouragement in the illegal activity, although not automatically or conclusively so-that was a matter for the jury. [...]
[Conclusion]
Equally, a failure to intervene or to alert the authorities may generate an inference of encouragement where it can be shown that D2 had an ability to exercise control over the situation, and deliberately chose not to."
“Wrong place at the wrong time” - but when is “mere presence “ enough?
www.mountfordchambers.com