Compounding a felony was an offence under the
common law of England
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, bee ...
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. To "compound", in this context, means to come to a settlement or agreement.
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Compounding has been replaced by statutory provision in numerous jurisdictions that recognize common law offences:
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England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, replaced with concealing offences or giving false information
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Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
* The
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...
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New South Wales
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, subdivision_name = Australia
, established_title = Before federation
, es ...
Compounding a misdemeanor is not an offence at common law. However, an agreement not to prosecute a misdemeanor is unenforceable as being contrary to
public policy
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public p ...
.
[Boyce & Perkins, ''Criminal Law'', 3rd ed. (1992) at 578.]
See also
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Compounding treason
Compounding treason is an offence under the common law of England. It is committed by anyone who agrees for consideration to abstain from prosecuting the offender who has committed treason.
It is still an offence in England and Wales, and in North ...
, same sense of "compounding" applied to the crime of
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
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Misprision of felony
Misprision of felony is a form of misprision, and an offence under the common law of England that is no longer active in many common law countries. Where it was or is active, it is classified as a misdemeanor. It consists of failing to report ...
, failing to report knowledge of a felony
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Theftbote, private arrangement between felon and victim, to obviate fines due to the King
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Perverting the course of justice
Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Stat ...
, common-law offence
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Settlement (litigation), permitted in civil law
References
Crimes
English legal terminology
Law of the United Kingdom
Inchoate offenses
Common law offences in England and Wales
Criminal law legal terminology
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