Perjury Act 1911

From Wikipedia, the free encyclopedia
Jump to: navigation, search
The Perjury Act 1911[1]
Long title An Act to consolidate and simplify the Law relating to Perjury and kindred offences.
Chapter 1 & 2 Geo 5 c 6
Territorial extent England and Wales[2]
Dates
Royal Assent 29 June 1911
Commencement 1 January 1912[3]
Text of statute as originally enacted
Revised text of statute as amended

The Perjury Act 1911 (1 & 2 Geo 5 c 6) is an Act of the Parliament of the United Kingdom. It creates the offence of perjury and a number of similar offences.

This Act has effect as if section 89 of the Criminal Justice Act 1967 and section 80 of the Civil Partnership Act 2004 were contained in this Act.[4][5]

Section 1 - Perjury[edit]

This section creates the offence of perjury.

Section 1A - False unsworn statement under Evidence (Proceedings in other Jurisdictions) Act 1975[edit]

This section was inserted by section 8(1) of, and Schedule 1 to, the Evidence (Proceedings in other Jurisdictions) Act 1975. It provides:

If any person, in giving any testimony (either orally or in writing) otherwise than on oath, where required to do so by an order under section 2 of the Evidence (Proceedings in other Jurisdictions) Act 1975, makes a statement -

(a) which he knows to be false in a material particular, or
(b) which is false in a material particular and which he does not believe to be true,

he shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.[6]

This offence is triable either way.[7] A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both, or, summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.[8]

Section 7 - Aiders, abettors, suborners, etc[edit]

Section 7(1) is redundant.[9]

Section 9 - Power to direct a prosecution for perjury[edit]

This section was repealed[10] for England and Wales[11] on 1 April 1986.[12]

Section 10 - Jurisdiction of quarter sessions[edit]

This section was repealed by section 10(2) of, and Part II of Schedule 3 to, the Criminal Law Act 1967.

Section 11 - Application of Vexatious Indictments Act 1859[edit]

This section was repealed by section 10 of, and Schedule 3 to, the Administration of Justice (Miscellaneous Provisions) Act 1933.

Section 13 - Corroboration[edit]

This section provides:

A person shall not be liable to be convicted of any offence against this Act, or of any offence declared by any other Act to be perjury or subornation of perjury, or to be punishable as perjury or subornation of perjury, solely upon the evidence of one witness as to the falsity of any statement alleged to be false.[13]

The following cases are relevant to the interpretation of this section:

  • R v Mayhew (1834) 6 C & P 315
  • R v Threlfall, 10 Cr App R 112, 23 Cox 230
  • R v O'Connor [1980] Crim LR 43, CA
  • R v Rider, 83 Cr App R 207, [1986] Crim LR 626, CA
  • R v Stokes [1988] Crim LR 110, CA
  • R v Peach [1990] 1 WLR 976, [1990] 2 All ER 966, 91 Cr App R 379, [1990] Crim LR 741, CA
  • R v Carroll, 99 Cr App R 381, CA

Section 17 - Repeals[edit]

This section was repealed by the Statute Law Revision Act 1927.

Section 18 - Extent[edit]

This section reads:

This Act shall not extend to Scotland or Ireland.[14]

The reference to Ireland must now be construed as a reference to Northern Ireland.[15]

Section 19 - Short title and commencement[edit]

So much of this section as related commencement was repealed by the Statute Law Revision Act 1927.

Schedule[edit]

The Schedule was repealed by the Statute Law Revision Act 1927.

See also[edit]

References[edit]

  1. ^ The citation of this Act by this short title is authorised by section 19 of this Act.
  2. ^ The Perjury Act 1911, section 18
  3. ^ The Perjury Act 1911, section 19
  4. ^ The Criminal Justice Act 1967, section 89(2)
  5. ^ The Civil Partnership Act 2004, section 80(4)
  6. ^ Digital copy of section 1A from Legislation.gov.uk
  7. ^ The Magistrates' Courts Act 1980, section 17(1) and Schedule 1, paragraph 14
  8. ^ The Magistrates' Courts Act 1980, section 32(1)
  9. ^ Richard Card. Card, Cross and Jones: Criminal Law. Twelfth Edition. Butterworths. 1992. Paragraph 16.10 at page 373.
  10. ^ The Prosecution of Offences Act 1985, sections 28 and 31(6) and Schedule 2
  11. ^ The Prosecution of Offences Act 1985, 31(7)
  12. ^ The Prosecution of Offences Act 1985 (Commencement No. 1) Order 1985, article 3 and Schedule 1 and appendix thereto
  13. ^ Digital copy of section 13 from Legislation.gov.uk
  14. ^ Digital copy of section 18 from Legislation.gov.uk.
  15. ^ The Irish Free State (Consequential Adaptation of Enactments) Order 1923 (SR & O 1923/405), article 2 (as read with the former section 1 of the Eire (Confirmation of Agreements) Act 1938 and sections 1(1) and (3) of the Ireland Act 1949).

External links[edit]