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Perverting the Course of Justice Defence Solicitors
If you are found guilty of perverting the course of justice, this can result in serious consequences. Failing to provide the police with the correct information about a driving offence, could result in you being found guilty of perverting the course of justice.
If you find yourself in this situation, it is vital that you act quickly to contact specialist perverting the course of justice defence solicitors. This way, your solicitor can work with you to achieve the best possible outcome for your circumstances.
Understanding sentences
The charge of obstructing the police may be more appropriate. This charge is heard in a magistrates’ court and normally will not result in a prison sentence. Instead, a fine can given to anyone obstructing the police.
Invaluable expertise
If you do end up in court charged with perverting the course of justice, your solicitor will be ready to assist you, every step of the way.
What does the law say about perverting the course of justice?
Perverting the course of justice is defined as being committed when someone:
- carries out an act (or a number of acts)
- which has a tendency to pervert and is intended to pervert
- the course of justice
Perverting the course of justice is a serious criminal offence contrary to common law. This means that the offence of perverting the course of justice does not come from a specific Act, but rather case law that has been developed by the courts.
What is the ‘course of justice’?
The ‘course of justice’ in the offence ‘perverting the course of justice’ indicates some kind of proceedings that have either already started or are imminent. The course of justice must exist at the time of the act.
The course of justice can start when, for example, an event occurs from which “it can reasonably be expected that an investigation will follow”.
As well as applying to criminal investigations, perverting the course of justice can also be an offence with regards to civil actions.
What are examples of perverting the course of justice?
As touched on above, perverting the course of justice is an offence which can apply to a wide range of conduct.
With regards to driving offences, examples of perverting the course of justice include:
- Someone driving a vehicle then lying and claiming that they were not behind the wheel at the time the offence took place
- Someone not driving a vehicle lying and saying that they were behind the wheel at the time the offence took place
- Claiming another driver’s penalty points
- Attempting to obstruct a police investigation regarding a motoring offence
- Trying to persuade witnesses to lie
- Helping a person to avoid arrest related to a motoring offence
Which court deals with the offence of perverting the course of justice?
Perverting the course of justice is triable on indictment only. This means that it can only be heard at a Crown Court.
What is the maximum sentence for perverting the course of justice?
Perverting the course of justice is a serious criminal offence and carries a maximum sentence of life imprisonment and/or a fine.
However, if it is related to a motoring offence, a 12 month prison sentence is normally more appropriate.
What should I do if I am accused of perverting the course of justice?
Perverting the course of justice is a serious criminal offence and being convicted of this offence can have serious ramifications.
While driving offences can often be seen as more ‘low-level’ offences, the offence of perverting the course of justice is not. The seriousness of the offence of perverting the course of justice does not change depending on the seriousness of the investigation/proceedings it is related to. For example, making a false allegation of rape or claiming another driver’s penalty points, could both result in you being convicted of the same serious offence of perverting the course of justice.
This means that it is crucial to seek legal advice from experienced perverting the course of justice defence solicitors, as soon as possible. Your solicitor will be able to help you through the police interview and ensure that you do not say anything that you should not.
What are my rights if I am accused of perverting the course of justice?
Anyone accused of perverting the course of justice is within their rights to:
- Demand to wait until their specialist perverting the course of justice defence solicitors arrive, before taking part in a police interview as a suspect
- Make no comment during the police interview
- Plead ‘not guilty’ if they do not agree that they have committed the offence of perverting the course of justice
Will the police prosecute for perverting the course of justice in every instance?
Not always. Sometimes, the charge of obstructing the police may be more appropriate. This charge is heard in a magistrates’ court and normally will not result in a prison sentence. Instead, a fine can given to anyone obstructing the police.
On other occasions, the police may opt for the charge of wasting police time. Normally, the sentence for wasting police time is a fixed penalty notice of £60.
Seeking expert legal advice from specialist perverting the course of justice defence solicitors will help to ensure that you are not prosecuted for perverting the course of justice, when you did not actually commit this offence.
What will happen if I gave a false statement with regards to a driving offence?
If you lied in your statement to the police, you could be accused of perverting the course of justice. For example, if you were driving a vehicle involved in a motoring offence but told the police that you were not driving at the time of the offence, this could result in you being accused of perverting the course of justice.
As discussed above, perverting the course of justice is a serious criminal offence. If you are accused of perverting the course of justice, it is vital that you seek legal advice as soon as possible.
Why do I need specialist perverting the course of justice defence solicitors?
If you are accused of this serious offence, it is crucial that you get in touch with specialist perverting the course of justice defence solicitors, before taking part in a police interview. This way, your solicitor can advise you of your rights and guide you through the process. Also, if you do end up in court charged with perverting the course of justice, your solicitor will be ready to assist you, every step of the way.
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