Perverting the course of justice

England and Wales

Doing an act tending and intending to pervert the course of public justice is an offence under the common law of England and Wales.

Perverting the course of justice can include acts such as:

• Fabricating or disposing of evidence
• Intimidating or threatening a witness or juror
• Intimidating or threatening a judge

Also criminal are:

• Conspiring with another to pervert the course of justice, and
• Intending to pervert the course of justice

This offence, and the subject matter of the related forms of criminal conspiracy, have been referred to as:

• Perverting the course of justice
• Interfering with the administration of justice
• Obstructing the administration of justice
• Obstructing the course of justice
• Defeating the due course of justice
• Defeating the ends of justice
• Effecting a public mischief

This proliferation of alternative names has been described as "somewhat confusing".

This offence is also sometimes referred to as "attempting to pervert the course of justice". This is potentially misleading. An attempt to pervert the course of justice is a substantive common law offence and not an inchoate offence. It is not a form of the offence of attempt, and it would be erroneous to charge it as being contrary to section 1(1) of the Criminal Attempts Act 1981.

This offence is triable only on indictment.

Canada

In Canada, the equivalent offence is referred to as "obstructing justice". It is set out in § 139 of the Criminal Code:

139. (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding,

is guilty of

(2) Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

(3) Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a judicial proceeding, existing or proposed,

Australia

In New South Wales, the equivalent offence is set out in Section 319 of the Crimes Act 1900 (NSW). The maximum penalty is 14 years' imprisonment. In 1985 Murray Farquhar, the former Chief Stipendiary Magistrate of New South Wales, was convicted of attempting to pervert the course of justice to have charges against Kevin Humphreys dismissed and sentenced to a maximum of four years in prison. In 2009 Marcus Einfeld, a former Judge of the Federal Court of Australia, was sentenced to a maximum of three years in prison after pleading guilty to making a false statement with intent to pervert the course of justice.

International Criminal Court

In 2020, International Criminal Court (ICC) Prosecutor Fatou Bensouda described attempted interference with ICC witnesses in the Kenya investigation as perverting the course of justice under Article 70 of the Rome Statute, which defines the legal context of the ICC. Arrest warrants were issued against three people for their alleged attempts to make witnesses withdraw statements or refuse to testify to the court.

Notable convictions

• Jonathan Aitken, a politician and British government cabinet ministerperjury and perverting the course of justice
• Jeffrey Archer, an English author and former politicianperjury and perverting the course of justice
• Ali Dizaei, a former commander in London's Metropolitan Police Serviceinitially found guilty of perverting the course of justice and jailed; later released on appeal; subsequently re-convicted
• Chris Huhne, a journalist and former British government cabinet minister and his former wife, Vicky Pryceperverting the course of justice (see R v Huhne and Pryce)
• John Humble, a former labourerperverting the course of justice
• Bruce Hyman, an English barristerperverting the course of justice
• Karen Matthews and Michael Donovanfound guilty of kidnapping, false imprisonment, and perverting the course of justice

Australia

• Marcus Einfeld, an Australian retired Federal Court and NSW, WA and ACT Supreme Court judgeperjury and perverting the course of justice, for lying relative to a speeding ticket
• Lionel Murphy, an Australian former politician and High Court of Australia judgeinitially found guilty of perverting the course of justice; the NSW Appeal Court subsequently quashed the conviction and ordered a retrial; subsequently found not guilty

References

• Perjury and Perversion of the Course of Justice Considered (PDF), a primer on the legal details of the offence.

References

1. "HMA v RITA HEYSTER – Judgments & Sentences – Judiciary of Scotland".
2. "Services – SAPS (South African Police Service)".
3. This name is used in the statement of offence in the form of [[indictment]] approved in R v Williams (K J) 92 Cr App R 158, [1991] Crim LR 205, CA
4. [[Law Commission (England and Wales). The Law Commission]]. Criminal Law: Offences relating to the Administration of Justice. Working Paper No 62. HMSO. 1975. Paragraph 10 at page 6.
5. [[Archbold Criminal Pleading, Evidence and Practice]]. 1999. Paragraph 28-23 at page 2261.
6. R v Williams (K J) 92 Cr App R 158, [1991] Crim LR 205, CA
7. "Perverting the Course of Justice". Crown Prosecution Service.
8. Branch, Legislative Services. (18 December 2018). "Consolidated federal laws of Canada, Criminal Code".
9. {{cite Legislation AU. NSW. act. ca190082. Crimes Act 1900. 319 General offence of perverting the course of justice .
10. Golder, Hilary. "Farquhar, Murray Frederick (1918–1993)".
11. {{cite AustLII. NSWCCA. 87. 2010. (5 May 2010)
12. {{cite Q. Q125867616
13. (8 June 1999). "Aitken jailed for 18 months". [[The Guardian]].
14. White, Michael. (20 July 2001). "Political chancer with lots of fizz". [[The Guardian]].
15. Rawnsley, Andrew. (22 July 2001). "Shepherd's pie and shampagne, anyone?". [[The Observer]].
16. Hoggart, Simon. (28 July 2001). "Drink the Krug (but avoid the shepherd's pie)". The Guardian.
17. (13 February 2012). "Ali Dizaei: Met Police commander jailed for corruption". [[BBC News]].
18. (4 February 2013). "Chris Huhne facing jail sentence after admitting perverting course of justice". The Guardian.
19. (7 March 2013). "Vicky Pryce guilty over Chris Huhne speeding points". [[BBC News]].
20. (20 March 2006). "Man admits 'Ripper' hoax charges". [[BBC News]].
21. (6 August 2007). "Account of Hyman's conviction". [[BBC News]].
22. (4 December 2008). "Shannon Matthews' mother guilty of kidnapping own daughter". The Guardian.
23. {{cite AustLII. NSWSC. 119. 2009
24. Galligan, Brian. (2012). "Murphy, Lionel Keith (1922–1986)". National Centre of Biography, [[Australian National University]].