Perverting the Course of Justice Solicitor Birmingham

Perverting the course of justice is a common law offence. It requires proof that the defendant did an act or series of acts which had a tendency to pervert, and which was intended to pervert, the course of public justice. The maximum sentence is life imprisonment, though substantial custodial sentences are rare except in serious cases. The offence is triable on indictment only — it is always dealt with in the Crown Court.

Common examples include: providing a false alibi or persuading others to provide false alibis; giving a false name to police; making a false report of a crime; tampering with or destroying evidence; attempting to intimidate or bribe witnesses; and — most commonly in practice — falsely accepting penalty points on behalf of another driver (the “points swapping” offence).

The most frequently prosecuted form of perverting the course of justice in practice involves one person falsely accepting that they were the driver of a vehicle at the time of a speeding or other motoring offence, in order to protect another person from points or disqualification. This is sometimes called “points swapping” or “points gifting.”

Both the person who falsely accepts the points and the person whose points were taken can be charged. The offence is treated seriously by the courts. A person who accepts points on behalf of a professional driver or a person who would otherwise have been disqualified may face a greater sentence than one who acts for reasons of family loyalty. The Sentencing Council guideline provides for a range of outcomes, but immediate custody is common even for first offenders, and sentences of 4-6 months are frequently imposed. The notoriety of this offence means the courts impose it to deter others.

Perverting the course of justice frequently arises in the context of domestic abuse proceedings, where a complainant retracts a statement or is persuaded not to give evidence. It also arises where a defendant provides false information to investigators, attempts to interfere with witnesses, or provides a false account of events to the police. David advises on all forms of perverting the course of justice charge from the point of investigation.

The Sentencing Council guideline for perverting the course of justice provides for starting points ranging from a high-level community order (for a lower culpability case affecting only the defendant) to 3 years custody (for a higher culpability case significantly affecting the criminal justice system). Cases involving false allegations of serious crime, tampering with evidence in serious trials, or long-running deceptions attract higher sentences. Mitigation, character evidence, and personal circumstances remain relevant. Legal aid is available for Crown Court proceedings.