This offence is regarded with such seriousness that it is capable of attracting a sentence of life imprisonment.
Steve Micklewright of Kangs Solicitors explains the nature of the offence.
When Is The Offence Committed? | Kangs Criminal Offence Solicitors
The offence is committed when an individual prevents the proper course of justice from being served on him/herself or another person.
It is a common law crime which is triable on indictment only.
There are other crimes such as, for example, perjury, fraud or tampering with witnesses that also amount to perverting the course of justice but these would be charged under the appropriate statutory law.
Any one of the following events must take place, as opposed to a simple omission which is insufficient:
- Interference or intimidation involving a judge, witness or juror
- fabrication or disposal of evidence
- false accusation of an innocent person which leads to that person’s arrest.
Potential Defences | Kangs Criminal Defence Team
There are a number of defences available, including:
- a genuine mistake or error had occurred
- there was the presence of duress
- it was a necessity in the particular circumstances of the case.
High Profile Examples | Kangs Criminal Defence Team
Recent history shows that this is by no means a rare crime as illustrated by:
- Ali Dizaei – This former Scotland Yard Commander became the most senior police officer to face criminal charges when charged with threatening and falsely arresting Waad al-Baghdadi
- Maxine Carr – who received a prison sentence for assisting Ian Huntley convicted of the murder of two young schoolgirls
And of course:
Chris Huhne and Vicky Pryce
This former cabinet minister and his ex-wife were both jailed for eight months after Huhne had admitted asking Pryce to take his speeding points to enable him to avoid losing his driving licence in 2003 and she agreed to do so. ()
How Can We Help? | Kangs Criminal Defence Solicitors
Ever since the Chris Huhne and Vicky Price prosecution, it has become more apparent that it is quite common for drivers facing the loss of their driving licence to look to others to step into their shoes and, illegally, assume responsibility and the consequences.
Such deceit arises in a number of forms such as an innocent individual claiming that they were driving a speeding vehicle or that they were behind the wheel in an incident where the true driver was incapacitated through excess alcohol or drug intake.
Police Forces are now more alert to these situations and are investigating suspicious circumstances to an ever increasing extent.
If you feel that you are in any way involved in circumstances similar to those outlined above and wish to speak to one of our specialist team then please contact: