Misleading justice

Question 1

When may a prosecution for perjury begin?

Answer 1

You may only start 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 2

What intent must you be able to prove in order to establish a charge of perjury?

Answer 2

The intent to be proved is the offender’s intention to mislead the tribunal holding the judicial proceeding.

Question 3

What are the two main points to be covered when interviewing a suspect in respect of perjury?

Answer 3

1. Whether the suspect knew their assertion was false, and

2. Whether they intended to mislead the tribunal governing proceedings.

Question 4

List six examples of conspiring or attempting to obstruct, prevent, pervert or defeat the course of justice…

Answer 4

1. Preventing a witness from testifying.
2. Wilfully going absent as a witness.
3. The taking or detainment of witnesses.
4. Concealment of the fact a crime has been committed.
5. Intentionally giving Police false information to obstruct their inquiries.
6. Supplying false information to Probation officers.
7. Assisting a wanted person to leave the country.
8. Arranging a false alibi.
9. Threatening or bribing jury members.

Question 5

Perjury Liability

Answer 5

Section 108(1) Crimes Act 1961
Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his evidence on oath, whether the evidence is given in open Court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding.