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Perverting the course of justice: Sentencing guidelines

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Perverting the course of justice is a serious criminal offence. If you are facing a charge of perverting the course of justice, it is important to understand the sentencing guidelines for the offence and what the potential consequences could be if you are convicted.

We have dealt with many cases relating to often serious cases such as murder, violence, shooting and gangs. This can extend to driving matters, sexual offences or any matter involving the potential for police or authorities or prosecution.

In this article, we discuss the offence of perverting the course of justice in closer detail, including information surrounding the potential penalties that can be handed out.

While we hope this information is useful, please note, it should not be taken as legal advice. If you need legal support with allegations of perverting the course of justice, then please get in touch and our team can advise you.

What does perverting the course of justice mean?

The offence of ‘perverting the course of justice’ covers a wide range of actions which are carried out with the intention of hindering or misleading the administration of justice, the work of the police, prosecutors and courts. Perverting the course of justice can be committed by someone accused of a criminal offence, or another party such as a witness, or even if you try to hinder a witness.

Charges of perverting the course of justice can arise during any type of criminal investigation.

What actions does perverting the course of justice include?

The offence of perverting the course of justice is wide ranging, which means that a variety of actions could be considered.

Common examples of perverting the course of justice include:

  • Concealing evidence
  • Tampering with evidence
  • Providing false information during interview
  • Helping someone to evade arrest
  • Intimidating a witness while a case is ongoing
  • Interfering with jurors during a court case

Where two or more people are deemed to have committed any of these actions as part of a wider agreement, they could be considered to be conspiring to pervert the course of justice.

How is perverting the course of justice proven?

Note that the outcome of a criminal case does not have to have been impacted for someone to be convicted of perverting the course of justice. It simply needs to be demonstrated that the act took place, and this could have had an effect on a case’s outcome.

That said, even if a planned act did not take place, the mere act of ‘planning’ may be enough evidence for someone to be found guilty of perverting the course of justice.

What are the sentencing guidelines for perverting the course of justice?

Perverting the course of justice sentencing guidelines will be determined by the nature of the criminal case that was interfered with, and the consequences of said interference. In addition to this, an offender’s level of culpability, and the harm caused, will also be taken into consideration.

As per Sentencing Council, the maximum sentence for perverting the course of justice is life imprisonment, while the offence range is between a Community Order and 7 years’ custody.

When determining a sentence for perverting the course of justice, the court will reach an assessment of an offender’s culpability, which will fall into one of three categories:

  • A – High Culpability
    • Conduct over a sustained period of time
    • Sophisticated and/or planned nature of conduct
    • Underlying offence very serious
    • Breach of trust or abuse of position or office
  • B – Medium Culpability
    • Other cases that fall between categories A and C because:
      • Factors are present in A and C which balance each other out and/or
      • The offender’s culpability falls between the factors described in A and C
  • C – Lower Culpability
    • Unplanned and/or limited in scope and duration
    • Unsophisticated nature of conduct
    • Underlying offence was not serious
    • Involved through coercion, intimidation or exploitation or as a result of domestic abuse
    • Offender’s responsibility substantially reduced by mental disorder or learning disability

The level of harm caused is also divided into three categories:

  • Category 1
    • Serious consequences for an innocent party as a result of the offence (for example time spent in custody/arrest)
    • Serious distress caused to an innocent party (for example loss of reputation)
    • Serious impact on administration of justice
    • Substantial delay caused to the course of justice
  • Category 2
    • Suspicion cast upon an innocent party as a result of the offence
    • Some distress caused to an innocent party
    • Some impact on administration of justice
    • Some delay caused to the course of justice
  • Category 3
    • Limited distress caused to an innocent party
    • Limited impact on the administration of justice
    • Limited delay caused to the course of justice

Various other mitigating and aggravating factors will also be considered when it comes to sentencing for perverting the course of justice.

Credit for guilty plea

In short, where a guilty plea is indicated at the first stage of proceedings, you could receive a reduction from 1/3 of a penalty for perverting the course of justice.

More information regarding the potential outcomes for indicating a guilty plea can be found here.

What can I do if I’m accused of perverting the course of justice?

If you are accused of perverting the course of justice, it is essential that you have the support of a specialist criminal defence solicitor, as this can ultimately make all the difference when it comes to sentencing.

At JD Spicer Zeb, our expert criminal defence solicitors have over 45 years of experience in advising on a wide range of matters, with our high level of expertise being reflected through our Law Society accreditation in Criminal Litigation. We have a strong track record of success and our many years of practice have allowed us to establish close relationships with many of the country’s leading criminal defence barristers.

This means, if you are accused of perverting the course of justice, or need any guidance with perverting the course of justice legislation, we are well place to provide you with the support you need.

Related matters

Please note that our expert solicitors also provide support with various matters related to perverting the course of justice, including:

Fees and funding

Our team are always fully transparent when it comes to costs.

If you need to attend court, legal aid public funding will be available in certain cases. This will be based on the seriousness of the case and whether it justifies the grant of public funding.

For clients who do not qualify for legal aid public funding, the alternative will be to fund a case on a private basis.

To find out more about the way we handle fees (both legal aid public funding and private fees) for perverting the course of justice, please use the links provided below:

Speak to our criminal lawyers today

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

You can contact our specialist criminal defence lawyers 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.

24/7 legal representation for perverting the course of justice

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice for perverting the course of justice.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.