Offences Against the Administration of Justice Flashcards
What is the offence of perjury?
Any person who…
- sworn in as a witness
- a translator
- in judicial proceedings
- makes a statement
- knowing it to be false
- believing it to be false
- the person MUST be FULLY SWORN IN to commit the offence
- it can be committed orally, via a signed affidavit or via live link
- as a point of law, ONLY the fact the statement is untrue needs to be proved, there is nothing suggesting the fact the person made the statement or believed it to be untrue needs to be proved. It can just be taken at face value.
What is the offence of aiding and abetting perjury?
Any person who…
- aids
- abets
- councils
- procures
…an offence of perjury
What is the offence of perverting the course of justice?
Any person who does an act intending to perverted the course of justice
- this requires some positive act and not just standing by and letting an offence happen
- examples of this include….
- where a person uses a false identity when arrested
- giving another’s details when reported for an offence
- false reporting of offences where an investigation is required and they intend the investigation to take place (wether or not any suspect could even be identified)
- a police officer excusing an offender from a charge
- destroying evidence
- admitting to a crime to allow the true offender to avoid the charge
What is the offence of witness intimidation?
Any person who…
- intimidates another with the intent to intimidate them
- knowing or believing that person
- is assisting an investigation
- is a witness or potential witness
- a juror or potential juror
- intending to pervert or obstruct the course of justice
…OR…
- harms another with the intent to harm them
- threatens harm, intending them to fear harm
- believing the person threatened or ANY OTHER PERSON
- has assisted an investigation
- been a witness or given evidence in an investigation
- been a juror at court
- and is doing so as a direct result of that belief
- the threat can be made in any way or to any person, not necessarily the victim
- the act or threat can be made to the victims property or finances
- the law states that NO ACTUAL INTIMIDATION needs to happen to complete the offence as long as the act and intent are there
- the act must be more than mere pressure if the person is not intimidated
- harm means physical injury and not battery or common assault (so not just spitting on someone)
What is the offence of witness intimidation in other proceedings?
Any person who…
- does an act which intimidates another
- intending to intimidate them
- does so knowing or believing that other is a witness in relevant proceedings
- intending to pervert or obstruct the course of justice
- the proceedings HAVE ALREDY COMMENCED
- it can be done directly or indirectly (through a third person) or that it is wholly or partly motivated by their involvement in the proceedings
- intimidation can be made through threats to people or property
- this includes civil proceedings and hearings such as a breach of a community order but NOT police conduct hearings
What is the offence of harming witnesses?
Any person who…
- does an act which harms another, intending to harm them
- threatens to harm them, intending them to fear harm
- does so because they believe that some person has been a witness in relevant proceedings
- this is a whole or partial motivator for the offence
- the harm can be physical or financial and directed at property
What is the offence of assisting offenders?
Where someone has committed a relevant offence, any person who…
- believing that person to be guilty of ANY relevant offence
- does an act
- with intent to prevent the apprehension or prosecution of that person
- relevant offence means any offence with a sentence fixed by law
- if over 18 with no convictions; may be sentenced to 5 or more years in prison
- SUSPICION IS NOT A ENOUGH
- it cannot be attempted
What is the offence of concealing an offence?
Where any person…
- knowing or believing
- someone has committed a relevant offence
- and that they have relevant knowledge that may be of material evidence
- accepts or agrees to accept
- consideration for in exchange for not disclosing that knowledge
- where consideration is not fair compensation for an offence against them
What is the offence of escaping?
This is a common law offence where a person escapes lawful custody without using force
This includes people detained under S136
There is an offence if assisting escape…
It is an offence to assist or attempt to assist anyone escaping lawful custody. This includes conveying or throwing things into prison, causing someone else to do it or passing things to a prisoner or leaving it where they can access it.
This ONLY APPLIES IN PRISONS OR A LAWFUL DETENTION and would not include someone in transit
- switching places with someone in prison would count as assisting
What is the offence of harbouring?
Any person who…
- harbours
- offers assistance to
- someone escaped from a PRISON OR LAWFUL DETENTION CENTRE or is unlawfully at large
- intending to interfere with them being taken back to custody
What is the offence of wasting police time?
Any person who…
- makes false reports
- makes reports to give rise to the apprehension of public safety or personal property
- claiming to have information material to police inquiry
…causing waste if police time
