Justice, police powers and breaches
Perverting the course of justice
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Indictable only
- Maximum penalty
- Life imprisonment
Actus reus
- Common law: an act or series of acts which has a tendency to pervert the course of public justice. The course of justice must already be in existence — an event from which an investigation can reasonably be expected, an investigation that might lead to proceedings, or proceedings that have started or are about to start (CPS public-justice charging standard).
Mens rea
- Intention to pervert the course of public justice. The acts need not succeed. The charge is the common-law offence, not an attempt under the Criminal Attempts Act 1981.
Defences
No tendency to pervert · No intent to pervert · No course of public justice yet in existence · Deny the act / identification
Sentencing Council
Sentencing Council guideline effective 01 October 2023. Offence range: Community order – 7 years’ custody.
At the police station
Typical station facts: false allegation, false driver identity after a crash, destroying messages, or a false alibi. Do not put “attempting to” in the offence name on the sheet. Distinguish wasting police time (CLA 1967, s.5(2)) where that is the better fit on the CPS standard.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Common law ↗
- Sentencing Council:Sentencing Council definitive guideline ↗