The free library179 of 195 Justice & policing

Concealing an offence

s.5(1)Criminal Law Act 1967

Accepting, or agreeing to accept, payment or another benefit for not disclosing information that might help to prosecute or convict someone for a relevant offence.

Concealing an offence · Criminal Law Act 1967, s.5(1)Card 179 / 195

Points to prove

A relevant offence had been committed
The defendant knew or believed that the offence, or some other relevant offence, had been committed
They knew or believed that they had information that might be of material assistance in securing the prosecution or conviction of an offender for it
They accepted, or agreed to accept, consideration for not disclosing that information
The consideration was something other than making good, or reasonable compensation for, the loss or injury caused by the offence

Key definitions

Relevant offence – s.4(1A): an offence with a sentence fixed by law (such as murder), or one for which an adult with no previous convictions could be sentenced to 5 years’ imprisonment.
Consideration – any payment or other benefit given in return for keeping quiet. It is not defined in the Act.
Compensation exception – accepting only the return of what was lost, or reasonable compensation for the loss or injury, is not an offence.

Good to know

Proceedings need the consent of the Director of Public Prosecutions (s.5(3)).
Apart from treason, compounding an offence is no longer an offence except under this section (s.5(5)).
It cannot be charged as an attempt (s.1(4)(c) Criminal Attempts Act 1981).
s.5(2) is a separate summary offence: causing wasteful employment of the police by a false report (wasting police time). Doing an act to impede the arrest or prosecution of someone who has committed a relevant offence is assisting an offender under s.4(1).
Section 5(1) itself provides only for trial on indictment. Paragraph 26 of Schedule 1 to the Magistrates’ Courts Act 1980 makes it either way where the offence concealed is triable either way, and the summary maximum then comes from s.32(1) of that Act. Where the offence concealed is indictable only (for example robbery or murder), so is this offence.

Legislation: Criminal Law Act 1967, s.5(1) (opens legislation.gov.uk in a new tab)
Mode of trial: Either way if the offence concealed is either way; otherwise indictable only
Maximum penalty: 2 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily, only where the offence concealed is either way)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Concealing an offence: questions people ask

What are the points to prove for concealing an offence?

1. A relevant offence had been committed 2. The defendant knew or believed that the offence, or some other relevant offence, had been committed 3. They knew or believed that they had information that might be of material assistance in securing the prosecution or conviction of an offender for it 4. They accepted, or agreed to accept, consideration for not disclosing that information 5. The consideration was something other than making good, or reasonable compensation for, the loss or injury caused by the offence

What is the maximum sentence for concealing an offence?

2 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily, only where the offence concealed is either way)

Is concealing an offence a summary, either-way or indictable offence?

Mode of trial: Either way if the offence concealed is either way; otherwise indictable only.

What Act and section is concealing an offence?

Concealing an offence is an offence under the Criminal Law Act 1967, s.5(1).

More offences against justice and the police

All offences against justice and the police