Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Parties to the commission of offences

71: Accessory after the fact

You could also call this:

“Someone who helps a person who committed a crime to avoid getting caught or punished”

You are an accessory after the fact to an offence if you help someone who has committed a crime. This means that after you know a person has been involved in a crime, you do things to help them avoid getting caught or punished. You might do this by:

  • Giving them a place to stay
  • Helping them in some way
  • Messing with evidence that could be used against them
  • Actively hiding evidence that could be used against them

You do these things to help the person who committed the crime escape after they’ve been arrested, avoid being arrested, or avoid being found guilty of the crime.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328515.

Topics:
Crime and justice > Criminal law
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70: Offence committed other than offence intended, or

“When someone encourages another person to do a crime, they can be held responsible even if the crime happens differently than planned.”

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72: Attempts, or

“You can get in trouble for trying to do a crime, even if you don't finish it.”

Part 4 Parties to the commission of offences

71Accessory after the fact

  1. An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him or her, in order to enable him or her to escape after arrest or to avoid arrest or conviction.

  2. Repealed
Compare
  • 1908 No 32 s 92
  • Criminal Code (1954) s 23 (Canada)
Notes
  • Section 71(2): repealed, on , by section 4 of the Crimes Amendment Act 2019 (2019 No 4).