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Perverting the Course of Justice: Everything You Need to Know

Perverting the course of justice is a serious offence in the UK, with severe penalties for those convicted. The law exists to protect the administration of justice and ensure that everyone is treated fairly before the law.

But what exactly does perverting the course of justice mean?

In this article, we will explain what the law covers, and provide some examples of how it can be applied. We will also look at what you need to do if you are accused of perverting the course of justice, and how to choose the best lawyer for your case.


Facing a charge of perverting the course of justice? Contact Caddick Davies Solicitors today 

Send us a message or call us on 0333 443 2366 for friendly advice


What is Perverting the Course of Justice?

Perverting the course of justice means interfering with the administration of justice in order to achieve avoid or alter the outcome of a trial or judicial proceeding. It is a very broad term that can cover a wide range of activities, from fabricating evidence to intimidating witnesses. The law is very important because it helps to ensure that everyone is treated equally before the law. This is why it is taken very seriously and why there are severe penalties for those convicted.

What are the Types of Perverting the Course of Justice?

There are three main types of perverting the course of justice: fabricating or disposing of evidence, intimidating or threatening witnesses or jurors, and intimidating or threatening a judge. Each one can carry a different sentence depending on the severity of the offence.

  1. Fabricating or disposing of evidence includes hiding or altering evidence to help someone avoid prosecution, such as destroying documents or lying to the police. This is a very serious charge because it can jeopardise the whole criminal justice system.
  2. Intimidating or threatening witnesses includes trying to stop them from coming to court or testifying against someone. This can be done through violence, threats, or even bribery. This is also a very serious charge because it can prevent the truth from being heard in court.
  3. Intimidating or threatening a judge includes trying to influence their decision in a case. This can also be done through violence, threats, or even bribery. This is the most serious charge of perverting the course of justice because it undermines the whole legal system.

What Are Some Common Examples of Perverting the Course of Justice?

There are many different ways to pervert the course of justice, and it can be done in a variety of ways. Some common examples include:

  • Fabricating or disposing of evidence
  • Intimidating or threatening witnesses or jurors
  • Intimidating or threatening judges
  • Making false statements to the police
  • Lying in court

All of these are seen to be attempts at interfering with the administration of justice and can lead to very serious penalties (see below for sentencing guidelines.)


Facing a charge of perverting the course of justice? Contact Caddick Davies Solicitors today 

Send us a message or call us on 0333 443 2366 for friendly advice


motoring accident

What Are Some Examples Related to Motoring Offences?

There are many different motoring offences that can be classed as perverting the course of justice. Some common examples include:

  • Failing to stop at the scene of an accident – This can be a crime, even if you are not at fault and can be seen as an attempt to avoid prosecution.
  • Failing to report an accident – This must be done within twenty-four hours of the accident taking place.
  • Making a false statement to the police about an accident – This is a very serious offence and can lead to a lengthy prison sentence.
  • Making a false insurance claim – This is a criminal offence and can also lead to a prison sentence.

Depending on the circumstances of the accident, you may either be charged with perverting the course of justice as a single charge or in addition to other charges related to the offence. For example, if you are involved in a hit and run, you may be charged with both perverting the course of justice and failing to stop at the scene of an accident.

What Does the Prosecution Need to Prove?

In order for someone to be convicted, the prosecution needs to prove that they intended to interfere with the administration of justice. This can be difficult to prove because there needs to be a clear link between the person’s actions and the outcome of the trial. The burden of proof required can be loosely put into two categories: tendency and intent.

Tendency

The prosecution needs to show that you committed an act that could or did affect the course of justice. This can be done by showing that a witness or juror changed their mind due to intimidation or threats, or that evidence was hidden or tampered with.

Intent

The prosecution also needs to show that you intended to interfere with the course of justice and that you knew it was illegal. This can be done by showing that you were well aware of the law and still decided to act in an illegal way.

If both of these things can be proven by the prosecution, you will be convicted of perverting the course of justice.

What Are the Sentencing Guidelines?

The sentencing guidelines for perverting the course of justice are very serious. The maximum sentence that can be given is life imprisonment, but this is only reserved for the most serious cases. The minimum sentence that can be given is a six-month custodial sentence. These sentences are designed to reflect the severity of the offence and to act as a deterrent to others.

The type of sentence that will be given depends on a number of factors, including the seriousness of the offence and whether or not there was any damage caused as a result. If your charge is a serious one such as attempting to intimidate or bribe a judge, you can expect a harsher sentence.

It is important to note that the sentencing guidelines are just that – guidelines. The court has the discretion to give any sentence it sees fit, and this can be more or less than what is suggested in the guidelines.


Facing a charge of perverting the course of justice? Contact Caddick Davies Solicitors today 

Send us a message or call us on 0333 443 2366 for friendly advice


lawyer in court

What Should You Do You Are Accused?

If you are accused of perverting the course of justice, it is very important to seek legal representation as soon as possible. This is a serious offence and hiring an experienced lawyer is always necessary because they will be able to advise you of your rights and help build a strong defence. They will also be able to negotiate with the prosecution on your behalf and may be able to get the charges reduced or even dropped. All of this will depend on the facts and circumstances of your case and the lawyer’s skill and experience in dealing with these types of cases.

What Defences Can You Claim?

There are a few defences that can be raised in cases of perverting the course of justice. These include:

  • That you did not commit the act
  • That you had no intention of interfering with the course of justice
  • That you were acting under duress or coercion
  • That you made a mistake
  • That you were wrongly accused

All of these defences will depend on the facts and circumstances of your case. It is important to get legal advice as soon as possible so that you can find out which defence is most likely to be successful in your situation.

How to Choose the Best Lawyer

When you are looking for a lawyer to represent you, it is important to choose one that has experience in perverting the course of justice cases. You can ask them about their experience, what type of cases they have dealt with, and whether or not they have a good track record.

At Caddick Davies, we have extensive experience in dealing with these types of cases. Our team of experienced lawyers will be able to guide you through the process and advise you on the best course of action. We have a proven track record of success and will work tirelessly to get the best possible outcome for your case.


Facing a charge of perverting the course of justice? Contact Caddick Davies Solicitors today 

Send us a message or call us on 0333 443 2366 for friendly advice


choose a great lawyer

How to Beat or Reduce the Charges

There are a number of ways to beat or reduce the charges, depending on the evidence against you and how strong your defence is. For example, if there is no evidence to support the prosecution’s case, you may be able to win your case at trial. Likewise, if there are problems with the evidence, such as it being inadmissible, you may be able to get the charges reduced or even dropped.

Alternatively, if you have a strong defence and can prove that you did not intend to pervert the course of justice, you may be able to negotiate a plea bargain with the prosecution. Proving may require expert evidence that you did not act with the required intent.

It is also possible to negotiate with the prosecution for a reduction in sentence if you plead guilty to a lesser charge. This will depend on a number of factors, including your criminal history and the severity of the offence. Some lesser charges you may be able to plead to include:

  • Conspiracy to pervert the course of justice – This is when two or more people agree to commit an act that would pervert the course of justice
  • Attempt to pervert the course of justice – This is when you attempt but do not succeed in perverting the course of justice
  • Perjury – This is when you knowingly lie under oath
  • Wasting police time – This is when you make false or misleading statements to the police which hinder their investigation
  • Making a false report – This is when you make a false statement to the police which affects the way they carry out their investigation
  • Failing to disclose information – This is when you have information that could help the police with their investigation but do not tell them

These are just some examples, so again, it is important to get legal advice as soon as possible so that you can find out what your best course of action is. At Caddick Davies, our experienced lawyers will be able to look at the circumstances of your case and advise you as to whether any of these defences are likely to be successful or in your best interests.

How does the Appeals Process Work?

The appeals process is also available if you are not happy with the outcome of your case. You can appeal the decision of the court if you feel that it was wrong or unfair. The exact process will depend on the circumstances of your case, but will generally work something like this:

  • You or your lawyers will need to file an appeal with the court stating why you believe that the original decision was wrong
  • The court will then consider your appeal and make a decision
  • If you are not happy with the result, you can then take your case to a higher court

There are many cases where the appellant has been successful in overturning the original decision of the court. However, it is important to note that only certain decisions of the lower court can be appealed and that the process can be quite complicated. It is therefore important to get legal advice as soon as possible if you are considering appealing a decision. At Caddick Davies, our team of experienced lawyers can help you with every step of the appeals process whether you were our client during your initial trial or not.


Facing a charge of perverting the course of justice? Contact Caddick Davies Solicitors today 

Send us a message or call us on 0333 443 2366 for friendly advice


justice

Final Thoughts

Perverting the course of justice is a serious offence with severe penalties for those convicted. It is important to remember that you are innocent until proven guilty, and to seek legal advice as soon as possible. The experienced team at Caddick Davies can help you build a strong defence and get the best possible outcome for your case. Contact us today to find out how we can help you.

Motoring Lawyer at Caddick Davies Solicitors
Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.
Neil Davies

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