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Perverting the course of justice, witness intimidation and related offences
Perverting the course of justice is a common law offence, triable only in the Crown Court, with a maximum of life imprisonment. Intimidating a witness or juror (Criminal Justice and Public Order Act 1994 s.51) carries up to 5 years, and wasting police time (Criminal Law Act 1967 s.5(2)) up to 6 months.
Perverting the course of justice
A common law offence: an act or series of acts which has a tendency to pervert and is intended to pervert the course of public justice. The course of justice must already exist: an investigation has started or can reasonably be expected, or proceedings have started or are imminent. CPS examples include:
- a false allegation that leads to someone being arrested or suspected;
- giving the police false information, for example lying about who was driving;
- false alibis, or concealing or destroying evidence;
- persuading a witness not to give evidence or to change it, or approaching jurors.
It is indictable only with a maximum of life imprisonment. A simple lie about identity on arrest that inevitably fails should not normally be charged separately (R v Sookoo [2002] EWCA Crim 800).
Sentencing: the guideline range is a high-level community order to 7 years, with a 4-year starting point for the most serious cases (such as sustained or sophisticated conduct with serious consequences for an innocent person).
Witness intimidation
Criminal Justice and Public Order Act 1994 s.51 covers:
- intimidating someone known or believed to be helping an investigation, or a witness or juror, intending to obstruct or interfere with justice (s.51(1)); and
- harming or threatening someone because they helped an investigation, gave evidence or served on a jury (s.51(2)). Harm can be financial as well as physical.
Once the act and knowledge are proved, intent is presumed unless the defendant proves otherwise (s.51(7)). A similar presumption about motive applies to s.51(2) acts done during the proceedings or within a year after the trial or appeal ends (s.51(8)). Either way; maximum 5 years; guideline range community order to 4 years.
Wasting police time
Knowingly making a false report of an offence, or that people or property are at risk, causing wasteful police work (Criminal Law Act 1967 s.5(2)). Summary only; 6 months and/or a fine; DPP consent needed. The CPS says a false allegation that leads to arrest may be better charged as perverting.
Assisting an offender
Doing an act, without lawful authority or reasonable excuse, intending to impede the arrest or prosecution of someone known or believed to have committed murder or another offence carrying 5 years or more (Criminal Law Act 1967 s.4). Either way; DPP consent needed. Maximum 10 years if the original offence was murder, 7 if it carries 14 years, 5 if it carries 10, otherwise 3.
Contempt of court
Disobeying court orders or interfering with proceedings can be contempt. A higher court, including the Crown Court, can commit for up to 2 years; magistrates can deal with insults or disruption in court by up to 1 month and/or a £2,500 fine (Contempt of Court Act 1981 ss.12, 14).
In practice
Retracting a true complaint is not the same as making a false one (see Can the victim drop the charges?). Early advice matters.
Authorities: Common law (perverting the course of justice); Criminal Justice and Public Order Act 1994 s.51; Criminal Law Act 1967 ss.4, 5; Contempt of Court Act 1981 ss.12, 14; R v Sookoo [2002] EWCA Crim 800; CPS legal guidance, Public Justice Offences; Sentencing Council, Perverting the course of justice and Witness intimidation guidelines (effective 1 October 2023)