5. Misleading Justice - Investigative procedure

Question 1

What proceedings does conspiring to defeat the course of justice encompass?

Must Know

Answer 1

Conspiring to defeat the course of justice encompasses both civil and
criminal proceedings.

Question 2

what is not a defence to conspiring to defeat the course of justice?

Must Know

Answer 2

It is no defence to a charge of conspiring to defeat the course of justice that the aim of the offender was to secure a just result, or one they believed was
right.

Question 3

What are the prosecution options where you are unable to establish a conspiracy pursuant to section 116?

Must Know

Answer 3

In situations where you are unable to establish a conspiracy pursuant to
section 116, the evidence may reveal a wilful attempt to obstruct, prevent,
pervert or defeat the course of justice subject to section 117.

Question 4

When can you commence a prosecution for perjury?

Must Know

Answer 4

You may only commence a prosecution for perjury (civil or criminal),
where it is recommended by the courts or you are directed to do so by the
Commissioner of Police. You may, however, begin inquiries into an
allegation of perjury without reference to the court or Commissioner of
Police.

Question 5

How do complaints of perjury arise?

Must Know

Answer 5

Complaints of perjury can arise in two ways:
− An individual may complain that someone has perjured themselves.
− A Judge may state or direct in a court recommendation that the police
undertake inquiries into the truth of the evidence given by a witness.