Compounding - Definition - Law Dictionary Home Dictionary Definition compounding

Definition :

Compounding, arranging, coming to terms; compounding a felony is where the party robbed not only knows the felon, but also takes his goods again, or other amends, upon an agreement not to prosecute; this offence was denominated theftbote. It is a misdemeanour and is punishable by fine and imprisonment. See Reg. v. Burgess, (1885) 16 QBD 141.

It is no offence to compound a misdemeanour unless the offence is virtually an offence against the public, for the party injured may maintain an action to recover compensation in damages. See Keir v. Leeman, (1844) 6 QB 308; (1846) 9 QB 371; Odgers on the Common Law. And compounding offences only cognizable before magistrates on summary jurisdiction is not within 18 Eliz. c. 5.

Corruptly to take reward for helping a person to recover stolen goods is felony (Larceny Act, 1916, s. 34); and to advertise a reward for the return of things stolen by an advertisement representing that no questions will be asked, etc., incurs a penalty of 50l. (Larceny Act, 1861, s. 102)

Where it is an implied term of an agreement that there shall be no prosecution of an offender, the agreement is void as being founded on an illegal consideration, see Jones v. Merionethshire Building Society, (1892) 1 Ch 173.

Penal actions by common informers may be compounded by leave of the Court; this leave of the Court, however, is not necessary in actions by the party grieved.