Define: Compounding And Misprision

Compounding and misprision are legal concepts related to the concealment or facilitation of criminal activities.

Compounding refers to the act of accepting something of value in exchange for not reporting a crime or for agreeing not to prosecute or testify against the perpetrator. It typically involves an agreement between the victim and the offender to resolve the matter privately, rather than involving law enforcement authorities. Compounding is generally considered illegal and may itself constitute a separate offence, as it undermines the administration of justice and can lead to corruption or obstruction of justice.

Misprision, on the other hand, refers to the failure to report or disclose knowledge of a crime to the appropriate authorities. It involves knowingly concealing or failing to report criminal activity without actively participating in the crime itself. Misprision may be a criminal offence under certain jurisdictions, particularly if the individual has a legal duty to report the crime or if the failure to report results in harm or obstruction of justice.

Both compounding and misprision are legal concepts aimed at promoting transparency, accountability, and the effective enforcement of criminal law by discouraging individuals from concealing or aiding criminal activities.

These are archaic terms for common law offences that are now defined by s.5 of the Criminal law act 1967. ‘Compounding’ is accepting reward for withholding prosection. ‘Misprision’ is failing to report an offence to the police, again for reward. s.5 only applies in respect of arrestable offences, and specifically excluded all other common law offences of compounding and misprision (except of Treason). It is therefore not an offence to accept reward to fail to disclose a non-arrestable offence. A further, specific exemption from s.5 exists where the compounding or misprision is by the victim of the offence, and the reward offered is by way of compensation for the offence itself.

Both offences are indictable and liable to two years’ imprisonment.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.