Odger's English Common Law

TREASON-FELONY. 151
be guilty of felony, and being convicted thereof shall" be
liable to penal servitude for life.
A person can be convicted of felony under this Act, although
the facts proved at the trial amount in law to treason ; and he
cannot afterwards be prosecuted for treason on the same facts. 1
This offence is not triable at Quarter Sessions. The special
procedure stated above in cases of treason does not apply
to cases of treason-felony ; nor is there any period of limita-
tion for the latter offence, nor is the evidence of two witnesses
required. The procedure is the same as in an ordinary-
case of felony.
J3y 5 & 6 Vict. c. 51, s. 2, it is a high misdemeanour to
wilfully strike at the Sovereign or to discharge or attempt
to discharge firearms near to his person with intent to alarm
His Majesty, whether such firearms are loaded or not. 2
This
offence is punishable with penal servitude for seven years, or
imprisonment, with or without hard labour, for two years,
during which the prisoner may be whipped publicly or
privately, but not more than once. 8
Misprision of Treason.
Misprision of treason is a high misdemeanour ; it consists
in the bare knowledge and concealment of treason, without
any degree of assent thereto. Thus, if any one knows of
treason and conceals it, though he in no way consents to or
approves of it, he is guilty of misprision of treason. The
least degree of assent to it would make him a principal traitor.
The punishment for misprision of treason is loss of the profits
of land for life, forfeiture of all goods, and imprisonment for
life. The offence is not triable at Quarter Sessions, and the
procedure is in all respects the same as in a prosecution
for treason.
Betrayal of Official Secrets.
The Official Secrets Act, 1889, 4 rendered criminal the
unauthorised disclosure of State information and any breach
of official trust. This Act was repealed by the Official
1 11 Vict. c. 12, s. 7.
2 See Ji. v. Oxford (1840), 9 C. & P. 525.
8 Criminal Justice Administration Act, 1914 (4 & 5 Geo. V. c. 58), s. 36.
< 52 & 53 Vict. c. 52.