What is perverting the course of justice?
Perverting the course of justice is a serious offence. It occurs when someone commits an act, or a series of acts, that have a tendency to, and are intended to, interfere with the administration of justice. The offence covers conduct that could mislead the police, prosecutors, courts or juries, thereby obstructing justice.
There are several types of conduct that can fall under this type of offence and result in a prison sentence or other severe penalties. Activities that may result in a charge of perverting the course of justice include:
- Fabricating evidence.
- Disposing of evidence.
- Intimidating witnesses or jurors.
- Bribing witnesses or other key figures in the case.
- Making false allegations to the police or wasting police time.
- Interfering with investigations, such as providing false information or creating a false alibi.
- Helping someone evade arrest or prosecution.
If the police suspect during an investigation that you have attempted to mislead them in any of the ways listed above, you may face a charge of perverting the course of justice.
Is there a minimum sentence for perverting the course of justice?
There is no minimum penalty for a conviction of perverting the course of justice under the Perjury Act 1911. The court can, in theory, impose a non-custodial penalty such as a suspended sentence or community order. However, the most common approach is to issue a prison sentence, with more severe infractions resulting in longer sentences.
What is the maximum sentence for perverting the course of justice?
Perverting the course of justice is one of the most serious common law offences because it strikes at the foundation of the legal system. There is no maximum sentence set by statute, as the sentencing powers of the Crown Court are unlimited. However, prison sentences for the most serious offences have rarely exceeded seven to ten years.
Minor acts or lies to the police may attract a short custodial sentence of a few months or, in very limited cases, a suspended sentence. Activities such as disposing of evidence in a criminal case or making false allegations that waste police time could result in anywhere from a six-month to three-year custodial sentence. Serious cases including fabricating evidence in a major trial, lengthy campaigns of lies, or conduct that nearly causes or actually causes a wrongful conviction will result in the longest sentences.
There are several factors that courts take into account when assessing sentences for perverting the course of justice, including both the defendant's personal circumstances and the facts of the case. The relevant factors that will be taken into consideration are:
- The seriousness of the underlying matter. Interference in a murder trial is more serious than in a minor driving offence, for example.
- The impact on justice. If the defendant's actions led to wrongful imprisonment, significant police resources being diverted or public confidence being undermined, this could be an aggravating factor.
- The level of planning.
- The defendant’s role and motive.
It is essential in these cases to seek expert legal advice at an early stage of the proceedings. Your solicitor will present mitigating circumstances with the aim of preventing you from receiving the maximum sentence. The team at Tyler Hoffman will always work towards the best possible outcome and advise you of what to expect throughout the process.
Can you defend a perverting the course of justice offence?
There are several ways to defend perverting the course of justice offences and avoid a prison sentence or other penalty. The right way to build your defence will depend on the specific circumstances of any alleged offence, and your legal team will advise you on the necessary steps to mount an appropriate strategy.
For the offence to be made out, two key elements must be present. The first is that the act must be capable of interfering with or obstructing justice (for example, destroying material evidence). The second is that the person must have intended their actions to have that effect. Accidental or negligent behaviour is not enough. As such, perverting the course of justice offences can be defended on either of these bases.
The perverting the course of justice solicitors at Tyler Hoffman will begin with a thorough investigation of the alleged offence, including any false statements you are alleged to have made. We will start by interviewing witnesses, collecting documents, videos and other evidence, and building a case that supports your version of events. We will also review the prosecution's evidence to ensure it was collected fairly and legally, as procedural errors can sometimes lead to cases being overturned.
Our team has expertise in defending against allegations of perverting the course of justice, conspiracy to pervert the course of justice and related offences. Whether you have been accused of supplying false information, intimidating witnesses, perjury or any other related charge, we can mount a robust defence that will deliver the best possible outcome for you.