ACCESSORY AFTER THE FACT - Legislation

Question 1

Accessory After the Fact (1)

Answer 1

Accessory After the Fact - s71(1) CA61

Under 10yrs - 1/2 penalty / 10 years or more - 5 years

Life - maximum 7 years

• Knowing any person to be a party to an imprisonable offence
• Receives, comforts or assists that person OR Tampers with or actively suppresses any evidence.
• In order to enable him to escape after arrest OR Avoid arrest or conviction

Question 2

Accessory After the Fact (2)

Answer 2

Accessory After the Fact - s71(2) CA61

• No married person whose spouse or civil union partner has been a party to an offence shall become an accessory after the fact to that offence by doing an act to which this section applies.
• In order to enable the spouse or civil union partner or the spouse or civil union partner of any other person who has been a party to the offence, to escape after arrest or to avoid arrest or conviction.

Question 3

Accessory After the Fact (Penalty)

Answer 3

Accessory After the Fact (Penalty) – s312 CA61

Everyone who is an accessory after the fact to any imprisonable offence,

• being an offence in respect of which no express provision is made by this Act or by some other enactment for the punishment of an accessory after the fact,
• is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence is imprisonment for life, and not; 5 years if max punishment 10 years; half maximum penalty in all other cases.