Compounding a felony
Compounding a felony was an offence under the common law of England and was classified as a misdemeanour. It consisted of a prosecutor or victim of an offence accepting anything of value under an agreement not to prosecute, or to hamper the prosecution of, a felony.[1] To "compound", in this context, means to come to a settlement or agreement.[2] It is not compounding for the victim to accept an offer to return stolen property, or to make restitution, as long as there is no agreement not to prosecute.
Compounding has been replaced by statutory provision in numerous jurisdictions that recognize common law offences:[3]
- England and Wales, replaced with concealing certain offences or giving false information[4]
- Northern Ireland[5]
- The Republic of Ireland[6]
- New South Wales[7]
Compounding a misdemeanour is not an offence at common law.[8][better source needed] However, an agreement not to prosecute a misdemeanor is unenforceable as being contrary to public policy.[9][verification needed]
See also
[edit | edit source]- Compounding treason, same sense of "compounding" applied to the crime of treason
- Misprision of felony, failing to report knowledge of a felony
- Theftbote, private arrangement between felon and victim, to obviate fines due to the King
- Perverting the course of justice, common-law offence
- Settlement (litigation), permitted in civil law
References
[edit | edit source]- ^ Boyce & Perkins, Criminal Law, 3rd ed. (1992) at 576.
- ^ Lua error in Module:Citation/CS1/Configuration at line 2172: attempt to index field '?' (a nil value).
- ^ Lua error in Module:Citation/CS1/Configuration at line 2172: attempt to index field '?' (a nil value).[permanent dead link]
- ^ Lua error in Module:Citation/CS1/Configuration at line 2172: attempt to index field '?' (a nil value)., subsection (5). This originally applied only to arrestable offences, but that distinction was abolished by the Serious Organised Crime and Police Act 2005.
- ^ The Criminal Law Act (Northern Ireland) 1967 (c.18), section 5(5)
- ^ The Criminal Law Act 1997 (No.14), section 8(3)
- ^ The Crimes Act 1900, section 341
- ^ Lua error in Module:Citation/CS1/Configuration at line 2172: attempt to index field '?' (a nil value).
- ^ Boyce & Perkins, Criminal Law, 3rd ed. (1992) at 578.
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