Crimes Against Public Justice

Question 0

What are the essential elements of wasting police time?

Answer 0

A person doesn’t need to be named, damage must be caused to the public interest by diverting police resources from normal duties to the false story.

Question 1

Define wasting police time…

Answer 1

A crime at common law and is committed by any person who maliciously makes a false statement to the police with the intention and effect of causing unnecessary police investigation.

Question 2

Define attempt to pervert the course of justice..

Answer 2

Any overt & intentional action calculated to interfere with either the normal investigation of a crime, or the bringing of an offender to justice.

Question 3

Give examples if attempts to pervert the course of justice…

Answer 3

Destruction or concealment of evidence
Assisting the evasion of a wanted person
Telling lies as a witness
As a motorist, giving a false name and address

Question 4

Define perjury…

Answer 4

A crime at common law committed by any person who wilfully makes a false statement under oath or affirmation equivalent to oath.

Question 5

What are the key elements of perjury?

Answer 5

Falsehood must be made under oath.
Must be proved to be false, and that the accused knew it was false.
Must be direct and unequivocal.
Must be relevant to the point at issue. It is. It perjury if the evidence is irrelevant or incompetent.

Question 6

Define subornation of perjury…

Answer 6

A crime at common law committed by any person who counsels or induces by any means, a person to give a false testimony in judicial proceedings.

Question 7

Give an example of subornation of perjury…

Answer 7

Witnesses of a murder being intimidated or threatened with a violent act if they give their tries statement. Could also be a financial threat.

Question 8

When is subornation of perjury committed?

Answer 8

It is complete when the witness submits to the threats and gives false evidence. Or if the witness goes to the police first to report it.

Question 9

Define contempt of court…

Answer 9

Any intentional disrespect or action against the courts authority.

Question 10

Give examples of contempt of court…

Answer 10

1. Mobile phone sounding in court.
2. An accused, witness or juror attending court under influence of alcohol.
3. Refusal to take oath.
4. Misleading the court with inconsistent evidence.
5. Refusing to answer questions from the court.
6. Refusing to produce documents requested by court.
7. Being insulting or challenging.
8. Attempting to make unofficial tape recordings in court room.
9. Failing to attend court when cited.

Question 11

What is precognition?

Answer 11

A consultation between the PF or defence and the witness to establish what evidence is going to be given.