The result of legislative changes is that at the present time the only practical distinctions between felony and misdemeanour are:—
1. That a private person may arrest a felon without judicial authority and that bail on arrest is granted as a matter of discretion and not as of right. Any one who has obtained a drove of oxen or a flock of sheep by false pretences may go quietly on his way and no one, not even a peace officer, can apprehend him without a warrant, but if a man offers to sell another a bit of dead fence supposed to have been stolen, he not only may but is required to be apprehended by that person (Greaves, Criminal Law Consolidation Acts). (See [Arrest], [Bail].)
2. That on an indictment for felony counts may not be joined for different felonies unless they form part of the same transaction. (See [Indictment].)
3. That on a trial for felony the accused has a right peremptorily to challenge, or object to, the jurors called to try him, up to the number of twenty. (See [Jury].)
4. That a felon cannot be tried in absentia, and that the jury who try him may not separate during the trial without leave of the court, which may not be given in cases of murder.
5. That a special jury cannot be empanelled to try a felony.
6. That peers charged with felony are tried in a special manner. (See [Peerage].)
7. That the costs of prosecuting all felonies (except treason felony) are paid out of public funds: and that a felon may be condemned to pay the costs of his prosecution and to compensate up to £100 for any loss of property suffered by any person through or by means of the felony. In the Criminal Code Bills of 1878-1880 it was proposed to abolish the term felony altogether: and in the Queensland Criminal Code 1899 the term “crime” is substituted, and within its connotation are included not only treason and piracy but also perjury.
8. That a sentence of a felon to death, or to penal servitude or imprisonment with hard labour or for over twelve months, involves loss of and disqualification for certain offices until the sentence has been served or a free pardon obtained. (Forfeiture Act 1870.)
It is a misdemeanour (i.) to compound a felony or to agree for valuable consideration not to prosecute or to show favour in such prosecution; (ii.) to omit to inform the authorities of a felony known to have been committed (see [Misprision]), and, (iii.) not to assist in the arrest of a felon at the call of an officer of the law. (See [Criminal law]; [Misdemeanour]; [Misprision].)