Offences Against the Administration of Justice

Question 1

Perjury

Answer 1

If any person lawfully sworn as a witness or as an interpreter in a judicial proceedings

wilfully makes a statement material in that proceeding,

which he knows to be false or does not believe to be true, he shall be guilty of perjury.

(Has to be wilful / deliberate and it must be shown that the defendant knew the statement to be false or didn’t believe it to be true)

Question 2

Perverting the Course of Justice

Answer 2

The ‘course of public justice’ includes the process of criminal investigation.

Perverting the course of justice requires positive acts by the defendant (not omissions).

E.g- where evidence is deliberately destroyed, concealed or falsified,

Or where witnesses and jurors are intimidated.

Admitting a crime to enable the true offender to avoid punishment would fall under this offence, as would making a false allegation about an offence.

Question 3

Intimidating Witnesses and Jurors

Answer 3

Does an act which intimidates, and is intended to intimidate,

another person (the victim) knowing or believing that the victim is assisting in the investigation of an offence,

or is a witness or juror, and he does it intending thereby to cause the investigation or the course of justice to be obstructed.

Acts which harm, and which are intended to arm another person, or to fear harm Threatens the victim, or some other person, with harm

Acts or threats can be done otherwise in the presence of the victim or to a person other than the victim.

Question 4

Assisting Offenders

Answer 4

Where a person has committed a relevant offence,

any other person who, knowing or believing him to be guilty of the offence or of some other relevant offence,

does without lawful authority or reasonable excuse any act with intent to impede his apprehension or prosecution shall be guilty of an offence.

There must be positive conduct (doing or saying nothing is not positive conduct).

This offence cannot be attempted.

The offence requires DPP authorisation prior to charge.

Question 5

Concealing Relevant Offences

Answer 5

The acceptance of, or agreement to accept ‘consideration’ (i.e. anything of value)

Beyond reasonable compensation for loss/injury caused by the relevant offence

In exchange for not disclosing material information.

Question 6

Assisting Escape

Answer 6

Any person who (a) assists a prisoner in escaping or attempting to escape from a prison,

or (b) intending to facilitate the escape of a prisoner-

(i) brings, throws or otherwise conveys anything into prison,

(ii) causes another person to bring, throw or otherwise convey anything into prison, or

(iii) gives anything to a prisoner or leaves anything in any place (whether inside or outside a prison), is guilty of an offence.