Join WhatsApp group

Perverting the course of justice

Justice, police powers and breaches — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Justice, police powers and breaches

Perverting the course of justice

Common law

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.

View definitive guideline ↗

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.

More in Justice, police powers and breaches

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.