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Compounding a felony

From Wikipedia, the free encyclopedia
Former common law offence

Compounding a felony was an offence under thecommon law of England and was classified as amisdemeanour. 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, afelony.[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Compounding has been replaced by statutory provision in numerous jurisdictions that recognize common law offences:[3]

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 topublic policy.[9][verification needed]

See also

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References

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  1. ^Boyce & Perkins,Criminal Law, 3rd ed. (1992) at 576.
  2. ^"compound".The Free Dictionary. Farlex. Retrieved18 April 2014.
  3. ^Dasinger, Brian (2014)."Felonies". Retrieved18 April 2014.[permanent dead link]
  4. ^"Criminal Law Act 1967: Section 5",legislation.gov.uk,The National Archives, 1967 c. 58 (s. 5), subsection (5). This originally applied only toarrestable offences, but that distinction was abolished by theSerious Organised Crime and Police Act 2005.
  5. ^TheCriminal Law Act (Northern Ireland) 1967 (c.18), section 5(5)
  6. ^TheCriminal Law Act 1997 (No.14), section 8(3)
  7. ^TheCrimes Act 1900,section 341
  8. ^Tripathi, Ayushi (30 September 2019)."Compounding of Offences".Law Times Journal. Retrieved25 May 2020.
  9. ^Boyce & Perkins,Criminal Law, 3rd ed. (1992) at 578.
Part of thecommon law series
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