Perverting the course of justice explained

Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statutory versions of the offence exist in Australia, Canada, Fiji, Ireland, and New Zealand. The Scottish equivalent is defeating the ends of justice, although charges of attempting to pervert the course of justice are also raised in Scotland,[1] while the South African counterpart is defeating or obstructing the course of justice.[2] A similar concept, obstruction of justice, exists in United States law.

England and Wales

Doing an act tending and intending to pervert the course of public justice[3] is an offence under the common law of England and Wales.

Perverting the course of justice can be any of three acts:

Also criminal are:

This offence, and the subject matter of the related forms of criminal conspiracy, have been referred to as:

This proliferation of alternative names has been described as "somewhat confusing".[5]

This offence is also sometimes referred to as "attempting to pervert the course of justice". This is potentially misleading. An attempt to pervert the course of justice is a substantive common law offence and not an inchoate offence. It is not a form of the offence of attempt, and it would be erroneous to charge it as being contrary to section 1(1) of the Criminal Attempts Act 1981.[6]

This offence is triable only on indictment.[7]

Canada

In Canada, the equivalent offence is referred to as "obstructing justice". It is set out in § 139 of the Criminal Code:

Australia

In New South Wales, the equivalent offence is set out in Section 319 of the Crimes Act 1900 (NSW).[8] The maximum penalty is 14 years' imprisonment. In 1985 Murray Farquhar, the former Chief Stipendiary Magistrate of New South Wales, was convicted of attempting to pervert the course of justice to have charges against Kevin Humphreys dismissed and sentenced to a maximum of four years in prison. In 2009 Marcus Einfeld, a former Judge of the Federal Court of Australia, was sentenced to a maximum of three years in prison after pleading guilty to making a false statement with intent to pervert the course of justice.[9]

International Criminal Court

In 2020, International Criminal Court (ICC) Prosecutor Fatou Bensouda described attempted interference with ICC witnesses in the Kenya investigation as perverting the course of justice under Article 70 of the Rome Statute, which defines the legal context of the ICC. Arrest warrants were issued against three people for their alleged attempts to make witnesses withdraw statements or refuse to testify to the court.[10]

Notable convictions

Australia

See also

References

Notes and References

  1. Web site: HMA v RITA HEYSTER – Judgments & Sentences – Judiciary of Scotland. www.scotland-judiciary.org.uk. 11 January 2019. 22 January 2020. https://web.archive.org/web/20200122184129/http://www.scotland-judiciary.org.uk/8/802/HMA-v-RITA-HEYSTER. dead.
  2. Web site: Services – SAPS (South African Police Service). www.saps.gov.za.
  3. This name is used in the statement of offence in the form of indictment approved in R v Williams (K J) 92 Cr App R 158, [1991] Crim LR 205, CA
  4. [Law Commission (England and Wales)|The Law Commission]
  5. [Archbold Criminal Pleading, Evidence and Practice]
  6. R v Williams (K J) 92 Cr App R 158, [1991] Crim LR 205, CA
  7. Web site: Perverting the Course of Justice . https://web.archive.org/web/20140106160359/http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/perverting_the_course_of_justice/ . 6 January 2014 . dead . Sentencing Manual . Crown Prosecution Service.
  8. General offence of perverting the course of justice .
  9. Einfeld v R . 5 May 2010 . auto. .
  10. live.
  11. News: Aitken jailed for 18 months. The Guardian. London. 8 June 1999. 26 March 2010 .
  12. News: White, Michael. Political chancer with lots of fizz. The Guardian. 20 July 2001.
  13. News: Rawnsley, Andrew. Andrew Rawnsley. Shepherd's pie and shampagne, anyone?. The Observer. 22 July 2001.
  14. News: Hoggart, Simon. Simon Hoggart. Drink the Krug (but avoid the shepherd's pie). The Guardian. 28 July 2001.
  15. News: BBC News. Ali Dizaei: Met Police commander jailed for corruption . 13 February 2012.
  16. News: Chris Huhne facing jail sentence after admitting perverting course of justice . The Guardian . 4 February 2013 . 20 February 2013 . Caroline . Davies . Esther . Addley.
  17. News: Vicky Pryce guilty over Chris Huhne speeding points . BBC News. 7 March 2013 . 7 March 2013.
  18. News: Man admits 'Ripper' hoax charges. BBC News. 20 March 2006. 22 November 2006.
  19. News: Account of Hyman's conviction. BBC News. 6 August 2007.
  20. News: Shannon Matthews' mother guilty of kidnapping own daughter. The Guardian. 4 December 2008. 15 August 2012.
  21. R v Einfeld . auto. .
  22. Web site: Galligan, Brian. Murphy, Lionel Keith (1922–1986). Australian Dictionary of Biography. . hardcopy. 2012.

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