Offences Against The Administration Of Justice Flashcards
In regards to perjury, having been lawfully sworn the statement can be given either in an affidavit (sworn statement) OR
Orally.
For perjury, corroboration must be provided to prove the falsity of the statement. Is it required to prove that the person made the statement OR that the person knew it was false?
No.
Is it an offence to incite another to commit an offence of perjury?
Yes.
Witness and juror intimidation, the person must commit an act to intimidate the person, but the act must be -
Intended to intimidate the victim.
The act of intimidation must be more than merely placing pressure on the victim, there must be either a…….
Threat, or the use of violence, which seeks to deter the victim.
Does the victim actually need to be intimidated for the offence of witness intimidation to be complete?
No. As long as they intended to.
The harm used or threatened in regards to witness intimidation must be what type of harm?
Physical harm. (Spitting is not enough)
Relevant proceedings are non-criminal proceedings in high court etc. They do not include which 2 venues/types of hearings?
Inquests
Police conduct hearings
Must the intent to obstruct/pervert/interfere be the sole or main intention of the intent?
No.
When must the intimidation take place?
The proceedings must have begun at the time of the commission of the offence.
For harming witnesses, the nature of the harm caused or threatened can be directed towards persons or property and can be either….
Physical or financial.
Can the act or threat of harm be directed to a 3rd party, eg family member as well as the actual witness/person in regards to harming witnesses?
Yes.
Harming Witnesses - is there a requirement to prove the intent to interfere with, obstruct or pervert the course of justice?
No.
For assisting an offender, the offence must involve a positive act. Can the offence be committed?
No.
Can the offence of assisting an offender be committed before the offender has actually been found guilty of the offence in court?
Yes, it is only necessary to prove that the assister either knew or believed that they were guilty of such an offence.
For escaping custody. The determination of whether a person was “in custody” is a question for who to decide?
The jury.
In regards to assisting escape. Offence 2 - intending to facilitate the escape of a prisoner, does this apply to someone escaping whilst in transit either to or from prison?
No. This offence only relates to escapes from prison.
Harbouring offenders - this offence only relates to escapees from prison or persons who are?
Unlawfully at large.
I agree to hide Luke from Police because i suspect he is guilty of shoplifting. Am i guilty of assisting an offender?
No. Because i have to believe he is guilty of an offence no suspect and secondly the offence must be an offence for which a person of 18 or over may be sentenced for 5 years.
In regards to torture. Can a mayor who is OFF DUTY commit the offence ?
No. Any public official who is off duty or not acting in the performance of their public duties cant commit torture.
If a suspect is convicted in court, he then seeks revenge on one of the witnesses that produced documents. He knows the witnesses relative works in a local garage and assaults him one night. Could he be done for harming witnesses ?
Yes as the witness used evidence in trial and the suspect knew that the person at the garage was a relative.
Do you need DPP consent to prosecute for perverting the course of justice ?
No.
