View source for Perverting the course of justice

{{Short description|Criminal offence}}
{{Use dmy dates|date=June 2019}}
{{Use British English|date=June 2019}}
{{Criminal law}}
'''Perverting the course of justice''' is an offence committed when a person prevents [[justice]] from being served on themselves or on another party. In [[England and Wales]] it is a [[common law offence]], carrying a maximum sentence of [[life imprisonment]]. [[statutory offence|Statutory]] versions of the offence exist in [[Australia]], [[Canada]], [[Fiji]], [[Ireland]], and [[New Zealand]]. The Scottish equivalent is '''defeating the ends of justice''', although charges of attempting to pervert the course of justice are also raised in Scotland,<ref>{{cite web|url=http://www.scotland-judiciary.org.uk/8/802/HMA-v-RITA-HEYSTER|title=HMA v RITA HEYSTER – Judgments & Sentences – Judiciary of Scotland|website=www.scotland-judiciary.org.uk|access-date=11 January 2019|archive-date=22 January 2020|archive-url=https://web.archive.org/web/20200122184129/http://www.scotland-judiciary.org.uk/8/802/HMA-v-RITA-HEYSTER|url-status=dead}}</ref> while the [[Law of South Africa|South African counterpart]] is '''defeating or obstructing the course of justice'''.<ref>{{cite web|url=https://www.saps.gov.za/faqdetail.php?fid=9|title=Services – SAPS (South African Police Service)|website=www.saps.gov.za}}</ref> A similar concept, [[obstruction of justice]], exists in [[United States]] law.

==England and Wales==
Doing an act tending and intending to pervert the course of public justice<ref>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</ref> is an offence under the [[common law]] of [[England and Wales]].

Perverting the course of justice can be any of three acts:
* Fabricating or [[Spoliation of evidence|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 [[Conspiracy (criminal)|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]]<ref>[[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.</ref>

This proliferation of alternative names has been described as "somewhat confusing".<ref>[[Archbold Criminal Pleading, Evidence and Practice]]. 1999. Paragraph 28-23 at page 2261.</ref>

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]].<ref>R v Williams (K J) 92 Cr App R 158, [1991] Crim LR 205, CA</ref>

This offence is [[triable only on indictment]].<ref>{{cite web |url=http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/perverting_the_course_of_justice/ |title=Perverting the Course of Justice |archive-url=https://web.archive.org/web/20140106160359/http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/perverting_the_course_of_justice/ |archive-date=6 January 2014 |url-status=dead |work=Sentencing Manual |publisher=Crown Prosecution Service}}</ref>

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

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

{{block indent|(a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or}}
{{block indent|(b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody,}}

is guilty of

{{block indent|(c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or}}
{{block indent|(d) an offence punishable on summary conviction.}}

(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,

{{block indent|(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence;}}
{{block indent|(b) influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror; or}}
{{block indent|(c) accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as a juror.<ref>{{cite web|url=https://laws-lois.justice.gc.ca/eng/acts/C-46/page-66.html|title=Consolidated federal laws of Canada, Criminal Code|first=Legislative Services|last=Branch|date=18 December 2018|website=laws-lois.justice.gc.ca}}</ref>}}
}}

==Australia==
In [[New South Wales]], the equivalent offence is set out in Section 319 of the Crimes Act 1900 (NSW).<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900|319}} General offence of perverting the course of justice .</ref> The maximum penalty is 14 years' imprisonment. In 1985 [[Murray Farquhar]], the former [[Local Court of New South Wales|Chief Stipendiary Magistrate of New South Wales]], was convicted of attempting to pervert the course of justice to have charges against [[Kevin Humphreys (rugby league)|Kevin Humphreys]] dismissed and sentenced to a maximum of four years in prison.<ref>{{Australian Dictionary of Biography |id2=farquhar-murray-frederick-18242 |title=Farquhar, Murray Frederick (1918–1993) |first=Hilary |last=Golder |access-date=2022-03-14}}</ref> 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.<ref name="Einfeld v R">{{cite AustLII|NSWCCA|87|2010|litigants=Einfeld v R |date=5 May 2010 |courtname=auto}}.</ref>

==International Criminal Court==
{{see also|International Criminal Court}}
In 2020, [[Prosecutor of the International Criminal Court|International Criminal Court (ICC) Prosecutor]] [[Fatou Bensouda]] described attempted interference with ICC witnesses in the [[International Criminal Court investigation in Kenya|Kenya investigation]] as perverting the course of justice under [[:s:Rome Statute of the International Criminal Court#Article 70: Offences against the administration of justice|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.<ref name="ICC_following_transfer_of_Paul_Gicheru">{{cite Q|Q125867616|url-status=live}}</ref>

==Notable convictions==
*[[Jonathan Aitken]], a politician and [[British government]] cabinet minister{{spaced endash}}[[perjury]] and perverting the course of justice<ref name="guardian 1999">{{cite news|url=https://www.theguardian.com/politics/1999/jun/08/uk|title=Aitken jailed for 18 months|work=[[The Guardian]]|location=London|date=8 June 1999|access-date=26 March 2010 }}</ref>
*[[Jeffrey Archer]], an English author and former politician{{spaced endash}}perjury and perverting the course of justice<ref>{{cite news|author=White, Michael|url=https://www.theguardian.com/uk/2001/jul/20/conservatives.archer4|title=Political chancer with lots of fizz|work=[[The Guardian]]|date=20 July 2001}}</ref><ref>{{cite news|author=Rawnsley, Andrew|author-link=Andrew Rawnsley|url=https://www.theguardian.com/uk/2001/jul/22/archer.conservatives |title=Shepherd's pie and shampagne, anyone?|work=[[The Observer]]|date=22 July 2001}}</ref><ref>{{cite news|author=Hoggart, Simon|author-link=Simon Hoggart|url=https://www.theguardian.com/politics/2001/jul/28/houseofcommons.archer|title=Drink the Krug (but avoid the shepherd's pie)|work=The Guardian|date=28 July 2001}}</ref>
*[[Ali Dizaei]], a former [[Police ranks of the United Kingdom|commander]] in London's [[Metropolitan Police Service]]{{spaced endash}}initially found guilty of perverting the course of justice and jailed; later released on [[appeal]]; subsequently re-convicted<ref>{{cite news|work=[[BBC News]]|url=https://www.bbc.co.uk/news/uk-england-london-16979424|title=Ali Dizaei: Met Police commander jailed for corruption |date=13 February 2012}}</ref>
*[[Chris Huhne]], a journalist and former British government cabinet minister and his former wife, [[Vicky Pryce]]{{spaced endash}}perverting the course of justice (see ''[[R v Huhne|R v Huhne and Pryce]]'')<ref>{{cite news |url=https://www.theguardian.com/uk/2013/feb/04/chris-huhne-facing-jail-justice |title=Chris Huhne facing jail sentence after admitting perverting course of justice |work=The Guardian |date=4 February 2013 |access-date=20 February 2013 |first1=Caroline |last1=Davies |first2=Esther |last2=Addley}}</ref><ref name=bbc-20130307>{{cite news |url=https://www.bbc.co.uk/news/uk-21496566 |title=Vicky Pryce guilty over Chris Huhne speeding points |work=[[BBC News]]|date=7 March 2013 |access-date=7 March 2013}}</ref>
*[[Wearside Jack|John Humble]], a former labourer{{spaced endash}}perverting the course of justice<ref name="admits">{{cite news|title= Man admits 'Ripper' hoax charges|work=[[BBC News]]|date=20 March 2006|url=http://news.bbc.co.uk/1/hi/england/west_yorkshire/4825622.stm|access-date=22 November 2006}}</ref>
*[[Bruce Hyman]], an English [[barrister]]{{spaced endash}}perverting the course of justice<ref>{{cite news|url=http://news.bbc.co.uk/1/hi/england/somerset/6933701.stm|work=[[BBC News]]|title=Account of Hyman's conviction|date=6 August 2007}}</ref>
*[[Kidnapping of Shannon Matthews|Karen Matthews and Michael Donovan]]{{spaced endash}}found guilty of kidnapping, false imprisonment, and perverting the course of justice<ref name="Guardian4Dec">{{cite news|url=https://www.theguardian.com/uk/2008/dec/04/shannon-matthews-kidnap-mother|title=Shannon Matthews' mother guilty of kidnapping own daughter|work=The Guardian|date=4 December 2008| access-date=15 August 2012}}</ref>

'''Australia'''
*[[Marcus Einfeld]], an Australian retired [[Federal Court of Australia|Federal Court]] and [[Supreme Court of New South Wales|NSW]], [[Supreme Court of Western Australia|WA]] and [[Supreme Court of the Australian Capital Territory|ACT Supreme Court]] judge{{spaced endash}}perjury and perverting the course of justice, for lying relative to a speeding ticket<ref name=austlii119>{{cite AustLII|NSWSC|119|2009|litigants=R v Einfeld |courtname=auto}}.</ref>
*[[Lionel Murphy]], an Australian former politician and [[High Court of Australia]] judge{{spaced endash}}initially found guilty of perverting the course of justice; the [[New South Wales Court of Appeal|NSW Appeal Court]] subsequently [[quash]]ed the conviction and ordered a retrial; subsequently found not guilty<ref name="ANU">{{cite web|author=Galligan, Brian|title=Murphy, Lionel Keith (1922–1986)|work=[[Australian Dictionary of Biography]]|publisher=National Centre of Biography, [[Australian National University]] |url=http://adb.anu.edu.au/biography/murphy-lionel-keith-15823/text27022|format=hardcopy|year=2012}}</ref>

==See also==
{{Portal|Law}}
*[[Offences against public justice]]
*[[Compounding a felony]]
*[[Compounding treason]]
*[[Contempt of court]]
*[[Embracery]]
*[[Might makes right]]
*[[Misprision of felony]]
*[[Misprision of treason]]
*[[Right to an effective remedy]]
*[[United Nations Convention against Corruption]]
*[[British Post Office Scandal]]

==References==
{{Reflist|2}}
*''[https://web.archive.org/web/20060822030459/http://www.buckingham.ac.uk/publicity/academics/articles/edwards-paptcojc.pdf Perjury and Perversion of the Course of Justice Considered]'' ([[Portable Document Format|PDF]]), a primer on the legal details of the offence.

==External links==
*{{Commonscatinline}}

{{English criminal law navbox}}
{{Authority control}}

[[Category:Perverting the course of justice| ]]
[[Category:Abuse of the legal system]]
[[Category:Crimes]]
[[Category:Deception]]
[[Category:English criminal law]]
[[Category:Common law offences in England and Wales]]