Criminal Law Act (Northern Ireland) 1967

4 Penalties for assisting offenders. N.I.

(1) Where a person has committed [F1 a relevant offence]F1 , any other person who, knowing or believing him to be guilty of the offence or of some [F2 other relevant offence]F2 , does without lawful authority or reasonable excuse any act with intent to impede his apprehension or prosecution, shall be guilty of an offence.

[F3 (1A) In this section and section 5, “relevant offence” means—

(a) an offence for which the sentence is fixed by law,

(b) an offence for which a person of 21 years or over (not previously convicted) may be sentenced to imprisonment for a term of five years (or might be so sentenced but for the restrictions imposed by Article 46(4) of the Magistrates' Courts (Northern Ireland) Order 1981).

[F4 but in section 5(1) “relevant offence” does not include an offence under Article 20 of the Sexual Offences (Northern Ireland) Order 2008.]]

F4 F3 (2) If on the trial of an indictment for [F5 a relevant offence]F5 the jury are satisfied that the offence charged (or some other offence of which the accused might on that charge be found guilty) was committed, but find the accused not guilty of it, they may find him guilty of any offence under subsection (1) of which they are satisfied that he is guilty in relation to the offence charged (or that other offence).

(3) A person committing an offence under subsection (1) with intent to impede another person's apprehension or prosecution shall on conviction on indictment be liable to imprisonment according to the gravity of the other person's offence, as follows:—

(a) if that offence is one for which the court is required by law to sentence an offender to death or to imprisonment for life or to detention during the pleasure of the Governor of Northern Ireland, he shall be liable to imprisonment for not more than ten years;

(b) if it is one for which a person (of full age and capacity and not previously convicted) may be sentenced to imprisonment for a term of fourteen years, he shall be liable to imprisonment for not more than seven years;

(c) if it is not one included above but is one for which a person (of full age and capacity and not previously convicted) may be sentenced to imprisonment for a term of ten years, he shall be liable to imprisonment for not more than five years;

(d) in any other case, he shall be liable to imprisonment for not more than three years.

(4) …F6 no proceedings shall be instituted for an offence under subsection (1) except by or with the consent of the Attorney-General.

Subs.(5) rep. by 1975 c.59

Subs.(6) rep. by 1969 c.16 (NI)

F1 Words in s. 4(1) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(4), Sch. 1 para. 13(1)(a)(i)

F2 Words in s. 4(1) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(4), Sch. 1 para. 13(1)(a)(ii)

F3 S. 4(1A) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(4), Sch. 1 para. 13(1)(b)

F4 Words in s. 4(1A) inserted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 79(2); S.R. 2008/510, art. 2

F5 Words in s. 4(2) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(4), Sch. 1 para. 13(1)(c)

F6 1975 c.59