Perverting the course of justice

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Perverting the course of justice in English, Canadian, Hong Kong, and Irish law, is a criminal offence in which a person prevents justice from being served on him/herself or on another party. It is a common law offence carrying a maximum sentence of life imprisonment.

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

Also criminal are:

  1. conspiring with another to pervert the course of justice, and
  2. intending to pervert the course of justice.

Statutory versions of the offence exist in Australia, Canada, and New Zealand. See, for example, Section 319 of the Crimes Act 1900 (NSW),[1] where the maximum penalty is 14 years' imprisonment.

England and Wales[edit]

Doing an act tending and intended to pervert the course of public justice[2] is an offence under the common law of England and Wales.

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

  • Perverting the course of justice
  • Interfering with the administration of justice
  • Obstructing the administration of justice
  • Obstructing the course of justice
  • Defeating the due course of justice
  • Defeating the ends of justice
  • Effecting a public mischief[3]

This proliferation of alternative names is "somewhat confusing".[4]

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.[5]

Mode of trial

This offence is triable only on indictment.[6]

Canada[edit]

Section 139 of the Criminal Code of Canada provides for the offence of obstructing justice as follows:

139. (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding,

(a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or
(b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody,

is guilty of

(c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(d) an offence punishable on summary conviction.

(2) Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

(3) Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a judicial proceeding, existing or proposed,

(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence;
(b) influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror; or
(c) accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as a juror.[7]

Hong Kong[edit]

In Hong Kong, obstruction of justice under section 101I of "Criminal Procedure Ordinance", originally a maximum penalty of seven years' imprisonment and a fine. But imprisonment sentences are often controversial. For example, in 2002, the singer Nicholas Tse in a driving accident after failing to stop, managers of a company owned by Emperor Entertainment employees impersonating a state-designated driver (commonly known as "fucking"), membership in order to avoid legal liability, results matter exposure, but in the end only sentenced to community service order, while the other person involved, including police officers jailed for 4-6 months (but jailed for six months after his release on police trial Court was allowed acquitted) [4] [5]. Also, in 2004, a lawsuit in the Court of Appeal criticized the existing maximum sentence is not sufficient to act as a deterrent, and now the Government is considering amending the law, the abolition of the upper limit of seven years imprisonment, followed by the British judge sentences sole discretion. [3]

Similar criminal offenses including perjury, giving false evidence under oath, contempt of court, etc.

Convictions[edit]

See also[edit]

Notes[edit]

  1. ^ "CRIMES ACT 1900 - SECT 319 General offence of perverting the course of justice". Austlii.edu.au. Retrieved 2012-02-04. 
  2. ^ 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
  3. ^ The Law Commission. Criminal Law: Offences relating to the Administration of Justice. Working Paper No 62. HMSO. 1975. Paragraph 10 at page 6.
  4. ^ Archbold Criminal Pleading, Evidence and Practice. 1999. Paragraph 28-23 at page 2261.
  5. ^ R v Williams (K J) 92 Cr App R 158, [1991] Crim LR 205, CA
  6. ^ "Perverting the Course of Justice. Sentencing Manual. Crown Prosecution Service.
  7. ^ Criminal Code, s. 139
  8. ^ "Ali Dizaei: Met Police commander jailed for corruption". BBC News. 13 February 2012. 

References[edit]