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PUBLIC JUSTICE • INTENT • INVESTIGATION • EVIDENCE

Perverting the Course of Justice Defence

Perverting the course of justice is a serious common-law offence. The prosecution must prove a positive act or series of acts that had a tendency to pervert the course of public justice and was intended to do so. The underlying investigation or proceedings and the defendant’s intention are central.

KEY ANSWER

The position in brief

The offence is committed where a person does an act or series of acts which has a tendency to pervert and is intended to pervert the course of public justice.

The course of justice must already be in existence. It can begin before formal proceedings, including where an event has occurred from which an investigation can reasonably be expected or where an investigation has started.

Legal issues

Examples can include fabricating or destroying evidence, false allegations in sufficiently serious circumstances, interference with witnesses, giving false information designed to divert an investigation or conduct intended to frustrate proceedings.

Intention is critical. The prosecution must prove the defendant intended to pervert the course of justice or intended to do something which, if achieved, would have that effect.

Evidence that matters

Evidence may include messages, call records, documents, CCTV, device downloads, witness statements, police logs, chronology of the underlying case and material showing what the defendant knew about the investigation or proceedings.

Reasonable lines of enquiry

Enquiries may include obtaining the full underlying investigation file where relevant, complete communications rather than extracts, document metadata, CCTV, witness evidence and material bearing on whether the alleged act could realistically affect the course of justice and what the defendant intended.

What happens next

Perverting the course of justice is indictable only and carries a maximum sentence of life imprisonment. It is usually investigated as a separate serious allegation linked to an existing or anticipated investigation or proceeding.

Immediate steps

Preserve the full communications and documents surrounding the alleged act. Do not delete, amend or recreate material. Avoid contact with witnesses or parties that could itself create further allegations.

What should you send us?

Send the allegation/charge, underlying case details, messages/documents relied upon, police papers, chronology and next date.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can analyse whether the alleged act and intent satisfy the common-law offence, review the underlying investigation, test digital/documentary evidence, advise at interview and prepare Crown Court proceedings.

NEXT STEP

Discuss a public-justice allegation

Send the alleged act, underlying investigation and core communications or documents for urgent review.

Discuss a public-justice allegation

FREQUENTLY ASKED QUESTIONS

Questions about this issue

Does the course of justice have to be in formal court proceedings already?

No. It can begin before proceedings, including once an event has occurred from which an investigation can reasonably be expected or when an investigation has started.

Is lying to police always perverting the course of justice?

No. The precise conduct, tendency to pervert justice and intention must be proved. Other offences may be more appropriate in less serious circumstances.

Is motive the same as intention?

No. Motive can be relevant context, but the prosecution must prove the required intention to pervert the course of justice.