Stuart Page, Associate & Serious Crime Solicitor
Perverting the course of Justice is an offence which can only be heard before a judge and jury therefore the first appearance although it is before a Magistrates court will merely be a matter of administration to “send” the case to the crown court.
It will only involve the defendants identifying themselves and then the date for the first appearance at the crown court being fixed.
The ingredients of the offence are that a person has to do an act, you cannot commit the offence by not doing anything which has a tendency to and intending to pervert the course of justice.
Therefore there has to be a positive act, you can not be reckless and commit the offence.
The word pervert has almost the same meaning as “alter” and that the act may lead to a “wrongful consequence” the course of justice does not need to be altered but if the consequence of the act is that it may lead to a “wrongful consequence” then that is enough.
Conspiracy to pervert the course of justice adds an ingredient of “agreement” between the parties, this element is an aggravating factor in that it was planned.
Ralli
Latest posts by Ralli (see all)
- Partnership v LLP – Which is best? There’s only one way to find out… - June 25, 2012
- Ministers propose instant pay offs to avoid employment tribunals - June 12, 2012
- Additional punishment for fine avoiders - May 28, 2012