Perverting the course of justice – no big deal, right?

“Perverting the course of justice”, as the name suggests, is when someone commits a positive, intentional act to interfere with the administration of justice, such as attempting to interfere with a police investigation or in court proceedings.

Perverting the course of justice is a very serious criminal offence which carries custodial sentences in all but exceptional circumstances. For example, for threatening or interfering with a witness, prison sentences usually range from 4 months to 24 months (although may be even longer for sustained interference attempts).

Even for perverting minor offences, such as non-recordable road traffic offences; like speeding can be just as serious as attempting to pervert justice for the more serious offences.

We recently acted for a client who fitted a “laser jammer” to the front of his vehicle which is designed to block police laser-gun signals from registering vehicles registration plates.

It was not an offence to buy the laser jammer, nor was it to fit it to his vehicle; although when our client’s vehicle was subject to the police’s laser-gun which could then not accurately identify the vehicle’s registration plate; the offence of perverting the course of justice, by impeding the police’s investigation into recording his speed, was made out.

Despite the offence carrying a custodial sentence, with a well-prepared mitigation case, our client received a 4 month custodial sentence suspended for 12 months. Our client will therefore not go to prison unless he gets in any trouble again for the next 12 months. In addition to this conviction, our client also received 3 points and a fine for the speeding offence; due to expert evidence being obtained which retrospectively determined the speed of the vehicle based on the police’s images.

Other examples of perverting the course of justice include:

• Making false allegations (for example, to the police). The offence of ‘wasting police time’ would be more appropriate in less serious cases. This more serious offence may attract prison time from 4 to 12 months.
• Fabricating evidence. This includes evidence in: criminal, civil, disciplinary and regulatory proceedings.
• Concealing evidence that a crime has been committed, even in cases where no proceedings have been brought in relation to that crime. Custodial sentences often range from 4 to 18 months.
• Obstructing the police. This includes deliberate actions in the attempt to frustrate police investigations.
• Jury misconduct. For example, if a juror discusses an on-going case with anyone else other than his fellow jurors. A 4 year custodial sentence has been handed down in an extreme example of this.

Custodial sentences for perverting the course of justice are usually “consecutive” to any sentence for the substantive offence. This means the separate sentences will be added up to make a combined higher sentence.

If you have been charged with perverting the course of justice, then it is imperative you seek expert legal advice at an early stage. Even if the original criminal offence may have been minor, the perverting the course of justice charge makes the matter a whole lot more serious. Contact our Regulatory and Crime team today on 01484 519 999 or email NilsODonoghue@chadlaw.co.uk to discuss your options and next steps.