Perverting the course of justice
Title: Administration of Justice
Offence: Perverting the Course of Justice
Legislation: Common law
Commencement Date: not applicable
Mode of Trial: Indictable only
Statutory Limitations & Maximum Penalty: At large
Sentencing Range: not applicable
Aggravating & Mitigating Factors
- Nature and number of offences
- Whether premeditated or spontaneous
- Degree of persistence
- Arrest of innocent person
- Any impact upon prosecution
Relevant Sentencing Guidelines (If Any)
R v Walsh and Nightingale [1993] 14 Cr.App.R (S.)
Whilst sentencing, care must be taken to avoid giving the impression that the sentence is on the basis of conviction of the substantive offence rather than of the conspiracy to pervert the course of justice.
Relevant Sentencing Case Law
General sentencing brackets summarised in Archbold as follows:-
- threatening or interfering with witnesses 4 months to 24 months.
- concealing evidence 4 months to 18 months, possibly longer if serious crime.
- false allegation of crime resulting in arrest of innocent person 4 to 12 months.
AG's Ref (No 1 of 1990) 12 Cr.App.R.(S.) 245
Sentence should normally be consecutive to substantive offence.
False allegations of rape. R v Merritt [2006] 1 Cr.App.R.(S.) reviewed authorities. Victim (husband) accused and held in custody for 9 hours; sentence reduced to 4 months imprisonment. In R v Fletcher [2006] 2 Cr.App.R.(S.) false allegation led to victim being in police custody for 17 hours and waiting 3 months before being told that no further action would be taken; 2 years imprisonment upheld.
Specimen speed camera case. R v Francis-McGann [2003] 1 Cr.App.R.(S.) 14. 3 months upheld.
Specimen driver details case. R v Saxon [1999] 2 Cr.App.R.(S.) 385. Disqualified driver stopped by police gave brother's name and address. Brother summoned, offender then admitted his actions. Sentence reduced to two months.
False mitigation. R v Bailey [2006] 2 Cr.App.R.(S.). Elaborate false mitigation resulted in a community rehabilitation order for 3 offences of indecent assault on a child. 2 years imprisonment upheld.
Recent Decisions reported in CSP reported at B 8-2.3 divided into: interference with prosecution witness; threatening or intimidating witness; making false allegation of crime; concealing evidence; interfering with jurors; false information in mitigation.
