Misprision of treason
Encyclopedia
Misprision of treason is an offence found in many common law
jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason
is being or is about to be committed but does not report it to a proper authority. It is therefore unusual in that it is a criminal offence which may be committed through inaction.
The penalty is life imprisonment.
The maximum penalty is 14 years.
a person is guilty of misprision of treason if "knowing that any act the commission of which would be treason is intended or proposed to be, or is being, or has been committed, [he] does not forthwith disclose the same, together with all particulars thereof known to him, to a Justice of the District Court, or an officer of the Gárda Síochána
, or some other person lawfully engaged on duties relating to the preservation of peace and order."
provides that any person who "knowing that a person is about to commit treason, fails without reasonable excuse to inform a constable as soon as possible or to use other reasonable efforts to prevent its commission" is guilty of an offence.
A person guilty of this offence is liable to imprisonment for a term not exceeding seven years.
"A person who has committed crimes stipulated in this Article, or by Articles 276 and 278 of this Code, shall be relieved from criminal responsibility if he has facilitated the prevention of further damage to the interests of the Russian Federation by informing the governmental authorities of his own free will and in due time, or in any other way, if his actions contain no other corpus delicti
."
and the common law of Northern Ireland
. By statute, the offence of misprision of treason under the common law of England has been made an offence which is cognisable under the law of Scotland
. This offence was formerly known as misprision of high treason in order to distinguish it from misprision of petty treason.
The crime is committed where a person knows that treason is being planned or committed and does not report it as soon as he can to a justice of the peace or other authority. The offender does not need to consent to the treason; mere knowledge is enough. Failure to report treason used to itself be treason at common law, but a statute passed by the parliament of 1554-1555 created a new offence of misprision of treason, which was a non-capital felony
.
(For more information about the "Tonge Plot", click here.)
Similarly, in R v. Walcott (1683) 9 State Tr 519 at 553, Pemberton, LCJ. said:
but that is probably no longer the case in England and Wales
.
cannot legislate.
was abolished by the Offences against the Person Act 1828
.
, misprision of treason is a federal offense, committed where someone who has knowledge of the commission of any treason
against the United States, conceals such knowledge and does not inform the President
, a federal judge
or State Governor
or State judge
(). It is punishable by a fine and up to seven years in federal prison
. It is also a crime punishable under the criminal laws of many states.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
is being or is about to be committed but does not report it to a proper authority. It is therefore unusual in that it is a criminal offence which may be committed through inaction.
Australia
Under Australian law a person is guilty of misprision of treason if he:- "(a) receives or assists another person who, to his or her knowledge, has committed treason with the intention of allowing him or her to escape punishment or apprehension; or knowing that another person intends to commit treason, does not inform a constable of it within a reasonable time or use other reasonable endeavours to prevent the commission of the offence."
The penalty is life imprisonment.
Canada
Under section 50(1)(b) of the Canadian Criminal Code, a person is guilty of an offence (although it is not described as misprision) if: "knowing that a person is about to commit high treason or treason [he] does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason."The maximum penalty is 14 years.
Republic of Ireland
Under section 3 of the Treason Act 1939Treason Act 1939
The Treason Act 1939 is an Act of the Oireachtas of the Republic of Ireland. It provides for the punishment of treason and related offences.Article 39 of the 1937 Constitution of Ireland defines treason as follows:...
a person is guilty of misprision of treason if "knowing that any act the commission of which would be treason is intended or proposed to be, or is being, or has been committed, [he] does not forthwith disclose the same, together with all particulars thereof known to him, to a Justice of the District Court, or an officer of the Gárda Síochána
Garda Síochána
, more commonly referred to as the Gardaí , is the police force of Ireland. The service is headed by the Commissioner who is appointed by the Irish Government. Its headquarters are located in the Phoenix Park in Dublin.- Terminology :...
, or some other person lawfully engaged on duties relating to the preservation of peace and order."
New Zealand
Section 76(b) of the Crimes Act 1961Crimes Act 1961
The Crimes Act 1961 is an Act of the Parliament of New Zealand administered by the Ministry of Justice.-Amendments:The Homosexual Law Reform Act 1986 amended the Crimes Act, allowing for consensual homosexual relationships between men....
provides that any person who "knowing that a person is about to commit treason, fails without reasonable excuse to inform a constable as soon as possible or to use other reasonable efforts to prevent its commission" is guilty of an offence.
A person guilty of this offence is liable to imprisonment for a term not exceeding seven years.
Russia
Russia has no specific offence of misprision. However Article 275 of the Criminal Code of Russia encourages people to come forward with information by providing them with a statutory defence to treason and other offences:"A person who has committed crimes stipulated in this Article, or by Articles 276 and 278 of this Code, shall be relieved from criminal responsibility if he has facilitated the prevention of further damage to the interests of the Russian Federation by informing the governmental authorities of his own free will and in due time, or in any other way, if his actions contain no other corpus delicti
Corpus delicti
Corpus delicti is a term from Western jurisprudence referring to the principle that a crime must have been proven to have occurred before a person can be convicted of committing that crime. For example, a person cannot be tried for larceny unless it can be proven that property has been stolen...
."
United Kingdom
Misprision of treason is an offence under the common law of England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and the common law of Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
. By statute, the offence of misprision of treason under the common law of England has been made an offence which is cognisable under the law of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. This offence was formerly known as misprision of high treason in order to distinguish it from misprision of petty treason.
The crime is committed where a person knows that treason is being planned or committed and does not report it as soon as he can to a justice of the peace or other authority. The offender does not need to consent to the treason; mere knowledge is enough. Failure to report treason used to itself be treason at common law, but a statute passed by the parliament of 1554-1555 created a new offence of misprision of treason, which was a non-capital felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
.
Difference between treason and misprision of treason
In R v. Tonge (1662) 6 State Tr 225, it was said that:(For more information about the "Tonge Plot", click here.)
Similarly, in R v. Walcott (1683) 9 State Tr 519 at 553, Pemberton, LCJ. said:
Penalty
It is punishable by imprisonment for life. It used also to be punished by forfeitureAsset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
but that is probably no longer the case in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
.
Procedure
The procedure on trials for misprision of treason is the same as that on trials for murder. It is classified as an indictable-only offence.Limitation
A person may not be indicted for misprision of treason committed within the United Kingdom unless the indictment is signed within three years of the commission of that offence.Scottish Parliament
Misprision of treason is a reserved matter on which the Scottish ParliamentScottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
cannot legislate.
Misprision of petty treason
Misprision of petty treason was an offence under the common law of England and Wales, and under the common law of Ireland and was classified as a misdemeanour. It was never an offence in Scotland. It ceased to be an offence in England and Wales when petty treasonPetty treason
Petty treason or petit treason was an offence under the common law of England which involved the betrayal of a superior by a subordinate. It differed from the better-known high treason in that high treason can only be committed against the Sovereign...
was abolished by the Offences against the Person Act 1828
Offences Against the Person Act 1828
The Offences against the Person Act 1828 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
.
United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, misprision of treason is a federal offense, committed where someone who has knowledge of the commission of any treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
against the United States, conceals such knowledge and does not inform the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, a federal judge
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...
or State Governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
or State judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
(). It is punishable by a fine and up to seven years in federal prison
Federal prison
Federal prisons are run by national governments in countries where subdivisions of the country also operate prisons.In the United States federal prisons are operated by the Federal Bureau of Prisons. In Canada the Correctional Service of Canada operates federal prisons. Prison sentences in these...
. It is also a crime punishable under the criminal laws of many states.