Perverting the Course of Justice: Sentencing

Perverting the Course of Justice is a serious criminal offence that can carry sentencing which ranges from a community service order to life imprisonment. Many people do not realise how serious this offence is and the type of actions which can constitute Perverting the Course of Justice. Due to the serious nature of this offence, we would encourage anyone charged with the offence to seek legal advice as soon as possible. This article outlines the law on this offence, how it can be applied and advice if you have been charged with the offence.

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 is committed by an individual if they engage in an act or series of acts which have the tendency and intent to pervert the course of justice. Perverting the course of justice is an indicatable only offence and therefore any case of this nature is immediately moved from the Magistrates Court to the Crown Court. This is because the Magistrates do not have jurisdiction to deal with the matter, due to its serious nature and the potential sentence as a result.

Examples of Perverting the Course of Justice

Perverting the course of justice can take many forms and look different on a case by case basis. Below are some of the most common examples of this offence:

• Threatening or intimidating a Judge in order to try and influence their decision/judgement of a case. This is one of the most serious examples of perverting the course of justice as it undermines the legal system and demonstrates a complete disregard for the same.
• Threatening or intimidating witnesses; such as trying to prevent them from attending Court or testifying against someone. This can take many forms, such as an act of violence, bribery, threats or inditing fear. This is a very serious example, as it can effectively prevent a trial running properly and can conceal the truth from being heard.
• Disposing of evidence, fabricating evidence or altering evidence with the intention to assist someone with avoiding prosecution This can take many form, such as destroying documents or evidence, being dishonest with the police/CPS or producing false evidence. This again is a very serious offence, as it could result in an offender evading being convicted or potentially and innocent person being charged.
• Making false statements to the Police; such as providing someone with a false alibi or providing the police with misleading information intentionally.
• Making false statements in Court; such as deliberately providing a false account to the Court when giving evidence.
• Obstructing the Police; such as deliberately acting in a manner which may disrupt their ability to conduct their investigation properly.
• Threatening or intimidating jurors; such as trying to influence the decision/judgement made by a member of the jury.
• Providing false driver details; such as knowingly providing false information to the police to try and avoid being charged with an offence.
• Making a false allegation; such as intentionally making a false allegation of a criminal offence. This could be anything from reporting a drink driver to accusing someone of a more serious offence such as rape.

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

Sentencing For Perverting the Course of Justice

The sentencing guidelines for Perverting the Course of Justice changed recently on 1^st October 2023. The sentencing guidelines for perverting the course of justice as split into three category’s ranging from a minimum sentence of a community service order to a maximum sentence of life imprisonment. Please see below:

When determining where you may fall within the sentencing guidelines, the Court will assess the factors of culpability and harm present at the time of the offence.

Culpability

Culpability is determined by reviewing all the factors of the case and determining which characteristics would fall under which level of culpability. The levels of culpability are split into three sections as follows:

A; High Culpability
Factors which would be deemed as high culpability are:

• If the underlying offence is very serious in nature
• If the action has been conducted of a long period of time
• If there has been a breach of trust or abuse of position/power
• If there has been a sophisticated and/or planned nature to the conduct of the offence

B; Medium Culpability

Factors which would be deemed as medium culpability are factors which are present in section A and C and therefore balance each out other out. Or if the offenders actions fall in between those set out in section A and C.

C; Lower Culpability

Factors which would be deemed as lower culpability are:
–  If the underlying offence was not very serious

• If the action was unplanned and conducted for a limit time
• If the nature of the conduct was unsophisticated
• If the offence was conducted as a result of coercion, exploitation, intimidation or domestic abuse.
• If the offenders responsibility can be reduced as a consequence of suffering from a mental disorder or learning difficulty

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

Harm

Harm is determined by reviewing all the factors of the case and determining the level of harm present. The levels of harm are split into three sections as follows: 

Category 1

This is the most serious category of harm and factors which would be fall within this category are:

• If there was a serious impact on the administration of justice as a result of the offence
• If there was serious distress caused to an innocent party as a result of the offence
• If the innocent party suffered serious consequences as a result of the offence being committed.
• If there was a substantial delay caused to the course of justice being carried out

Category 2

This is the middle range for harm and factors which would fall into this category include:

• If there was some delay caused to the course of justice being carried out
• If there was some impact to the administration of justice as a result of the offence being committed
• If there was suspicion cast upon an innocent party as a result of the offence being committed
• If there was some distress caused to an innocent party as a result of the offence being carried out

Category 3

This is the lowest category for harm and factors which would fall within this range include:

• If there has been a limited impact to the administration of justice as a result of the offence being committed
• If there has been limited distress caused to an innocent party as a result of the offence being committed
• If there has been a limited delay caused to the course of justice being carried out.

Is there anything I can do to reduce my sentence?

Alongside evaluating factors of culpability and harm, the Court will also access any aggravating and mitigating factors. It is important that you or your solicitor review all the prosecution’s evidence carefully to identify any aggravating factors prior to your hearing. This can provide you with opportunity to potentially mitigate these factors and also present personal mitigation to try to minimise the sentence your receive.

Aggravating factors are factors which increase the serious nature of the offence and can potentially result in a higher sentence being imposed. Statutory aggravating factors include; if the offender has previous convictions of the same nature and are relevant to the present offence or if the offence was committed whilst of bail.  Other aggravating factors include; if evidence was concealed/destroyed, if the victim was vulnerable, if the offence was committed in a domestic violence context, if the offence was committed whilst under the influence of alcohol or drugs and if the offender involves others in the conduct of the offence.

Mitigating factors are factors that could reduce the serious nature of the offence and/or reflect personal mitigation. Mitigating factors include but are not limited to:

• Expressing remorse for having committed the offence
• If you have no previous offences of this nature
• If you can evidence that you are someone of positive character. For example, by submitting character references, demonstrating any charity or volunteer work and previous conduct of this nature.
• If you are from a deprived background
• If you are the primary or sole carer for a child or dependant relative
• If you have a physical disability or serious medical condition

If you had a lack of maturity at the time of the offence, owning to your age (18-25)

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 defences are available for Perverting the Course of Justice?

Any potential defence will depend heavily on the circumstances of the case and the commission of the offence. Potential defences include; being wrongly accused of committing the offence, committing the offence under duress/coercion, having no intention of preventing the course of justice or simply not committing the offence! It is important that you make your solicitor aware of all the facts of your case, to enable them to explore the prospects of any potential defences that may be available to you.

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 should I do if I have been accused of Perverting the Course of Justice?

Due to the very serious nature of this offence, we would advise obtaining legal advice at your earliest opportunity. An experienced lawyer will be able to discuss your case with you at length and provide your with expert advise on how to proceed. If you have been charged with perverting the course of justice, we offer a free initial consolation. Please telephone 03301756853 or email info@caddickdavies.co.uk and one of our motoring experts will be happy to assist.

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Neil Davies

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.

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