Perverting the course of justice


Produced in partnership with Thomas Evans of 3 Paper Buildings
Practice notes

Perverting the course of justice


Produced in partnership with Thomas Evans of 3 Paper Buildings

Practice notes
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Elements of the offence of perverting the course of justice

Perverting the course of justice is a common law offence which can only be tried on Indictment in the Crown Court. The elements of the offence are:

  1. •

    a person acts or embarks on a course of conduct

  2. •

    which has a tendency to

  3. •

    and is intended to

  4. •

    pervert the course of public justice

Acts or embarks on a course of conduct

The offence requires a positive act or series of acts; omission or simple inaction is insufficient (eg failing to point out a mistake).

Acts tending (and intended) to obstruct, divert or disrupt criminal proceedings or police investigations generally may suffice—the offence does not need to have taken place in respect of a particular trial or investigation.

Tendency to pervert

The fact that an attempt to pervert the course of justice ultimately fails does not prevent a prosecution provided that the accused’s actions have created a risk, without further action by them, that injustice would result.

Intention

The prosecution

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Indictment definition
What does Indictment mean?

The indictment consists of the charge or charges preferred against the defendant by the prosecution once the case is begun.

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