Misprision in Europe

Definition of Misprision

(1) Of treason, is where a person who knows that some other person has committed high treason does not within a reasonable time give information thereof to a Judge of assize or justice of the peace. At common law the punishment is imprisonment for life and forfeiture of the offender’s goods.
(2) Of felony, is where a person who knows that some other person has committed felony conceals or procures the concealment thereof. In ordinary cases the offence is a common law misdemeanour. [1]

UK Legislation for Misprision

Treason Act 1695, CHAPTER 3 7 and 8 Will 3

An Act for regulateing of Tryals in Cases of Treason and Misprision of Treason. Whereas nothing is more just and reasonable than that Persons prosecuted for High Treason and Misprision of Treason whereby the Libties Lives Honour Estates Bloud and Posterity of the Subjects may bee lost and destroyed should bee justly and equally tried and that Persons accused as Offenders therein should not bee debarred of all just and equal Means for Defence of their Innocencies in such Cases In order thereunto and for the better Regulation of Tryals of Persons prosecuted for High Treason and Misprision of such Treason.

Treason Act 1842, CHAPTER 51

An Act for providing for the further Security and Protection of Her Majesty’s Person. [16th July 1842]

WHEREAS it is expedient that the Provisions contained in the Act of the Thirty-ninth and Fortieth Years of His late Majesty King George the Third, intituled An Act to regulate Trials for High Treason and Misprision of Treason in certain Cases, should be extended to all Cases of High Treason, in compassing or imagining the Death or Destruction of the Queen, or in compassing or imagining any bodily Harm tending to the Death or Destruction, maiming or wounding, of the Queen, and of Misprision of such Treason, when the overt Act or overt Acts of such Treason alleged in the Indictment shall be any Attempt to injure in any Manner whatsoever the Person of the Queen : And whereas it is also expedient to make further Provision by Law for the Protection and Security of the Person of the Sovereign of these Realms: Be it enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act, in all Cases of High Treason, in compassing or imagining any bodily Harm tending to the Death or Destruction, maiming or wounding, of the Queen, and in all Cases of Misprision of any such Treason, where the overt Act or overt Acts of such Treason alleged in the Indictment shall be any Attempt to injure in any Manner whatsoever the Person of the Queen, the Person or Persons charged with such Offence shall and may be indicted, arraigned, tried, and attainted in the same Manner, and according to the same Course and Order of Trial, in every respect, and upon the like Evidence, as if such Persons stood charged with Murder; and none of the Provisions contained in the several Acts of the Seventh Year of King William the Third, and the Seventh Year of Queen Anne, and the Sixth Year of King George the Fourth, respectively, touching Trials in Cases of Treason and Misprision of Treason respectively, shall extend to any Indictment for High Treason in compassing or imagining the Death or Destruction of the Queen, or to any Indictment for High Treason in compassing and imagining any bodily Harm tending to the Death or Destruction, maiming or wounding, of the Queen, or for Misprision of such Treason, where the overt Act or Acts of such Treason alleged in the Indictment shall be such as aforesaid; but, upon Conviction upon such Indictment, Judgment shall be nevertheless given and Execution done as in other Cases of High Treason ; any Law, Statute, or Usage to the contrary notwithstanding.

Resources

Notes

1. Definition of Misprision is, temporally, from A Concise Law Dictionary (1927).