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Perverting the course of justice

View profile for Philip Spicer
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Allegations of perverting the course of justice are treated seriously by the criminal justice system and can carry severe consequences, including lengthy custodial sentences.

In this article, we outline what constitutes perverting the course of justice, the types of behaviour that may lead to an investigation or charge, and the potential penalties if convicted.

Please note that the following information is intended for general guidance and does not constitute legal advice. If you are under investigation or have been charged with perverting the course of justice, please get in touch and we can advise you.

Our experienced team at JD Spicer Zeb can offer tailored advice and representation to help you understand your position and take the most effective steps to protect your interests.

What is perverting the course of justice?

‘Perverting the course of justice’ is a criminal offence that refers to any actions which are taken with the intention of hindering or obstructing the justice system.

The offence applies regardless of whether the act succeeds in affecting the outcome of a case; the intent to pervert the course of justice is key. The offence is indictable only and tried in the Crown Court.

What are some examples of perverting the course of justice?

Examples of perverting the course of justice in the UK include any actions intended to mislead or obstruct legal proceedings.

Common examples include:

  • Disrupting ongoing investigations
  • Tampering with evidence
  • Fabricating evidence
  • Destroying or concealing evidence
  • Intimidating or bribing witnesses
  • Intentionally providing false information to the police
  • Helping someone to avoid arrest

What are the typical penalties for perverting the course of justice?

Attempting to pervert the course of justice is an indictable-only offence. Typical sentences range from months to several years in custody. According to the Sentencing Guidelines, penalties will depend on the nature and seriousness of the conduct concerned.

Factors such as deliberate false allegations or extensive planning may lead to more severe sentences. The court will consider harm caused to the justice system, the level of culpability, and any attempts to mislead police or the courts.

Offenders often receive immediate custodial sentences unless strong mitigation justifies an alternative.

What is the maximum sentence for perverting the course of justice in the UK?

The maximum sentence for perverting the course of justice is life imprisonment, reflecting the serious nature of the offence.

While life imprisonment is the upper limit, actual sentences vary depending on the severity of the conduct and the circumstances surrounding the case.

Courts consider factors such as the harm caused, the defendant’s role, and any previous convictions.

Given the potential for a significant sentence, it is important to seek expert legal advice immediately if charged with this offence.

How difficult is it for the Crown Prosecution Service (CPS) to prove perverting the course of justice?

Proving perverting the course of justice can be challenging for the Crown Prosecution Service (CPS).

The offence requires clear evidence that the defendant intentionally acted to obstruct or interfere with the administration of justice.

This may involve showing deliberate actions such as evidence tampering, intimidating witnesses, or misleading investigators.

The CPS must establish intent beyond reasonable doubt, which often hinges on the quality and reliability of available evidence.

Are there any common defences against a charge of perverting the course of justice?

Yes, there are several common defences to a charge of perverting the course of justice.

Key defences often focus on disproving intent, as the prosecution must prove beyond reasonable doubt that the accused deliberately sought to obstruct justice.

A defendant may argue that their actions were innocent or mistaken, lacking any intention to mislead or interfere.

Challenging the credibility or reliability of the prosecution’s evidence may also be effective. Legal nuances, such as acting under duress or misunderstanding, may also provide a defence.

Each case is unique, so tailored legal advice is essential to identify the strongest possible defence strategy.

Can perverting the course of justice be charged in relation to a civil case, or only criminal?

Perverting the course of justice is primarily a criminal offence and is most commonly charged in relation to criminal proceedings.

However, it can also arise in the context of civil cases, particularly if someone deliberately attempts to mislead or interfere with the administration of justice during civil litigation.

For example, fabricating evidence or providing false statements in a civil trial may lead to charges of perverting the course of justice.

The key factor is the intention to obstruct or distort the legal process, regardless of whether the underlying case is civil or criminal.

Related offences

We also provide support and guidance on various other matters that are related to perverting the course of justice, including:

Related cases

Fees and funding

We are always clear and transparent when it comes to legal fees.

If you are required to attend court, you may be eligible for Legal Aid. Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

To find out more about the way we handle the funding of your case (both Legal Aid and private fees), please use the links provided below:

Contact our solicitors for perverting the course of justice today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our solicitors for perverting the course of justice in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

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For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide a prompt, friendly response.