Intimidating a witness sentencing guidelines
It carries a maximum penalty of life imprisonment and/or a fine.
The course of justice must be in existence at the time of the act(s).
It is likely that perverting the course of justice will be the appropriate charge when: Due to their sensitivity, and to ensure a consistent approach, all cases involving an allegation of rape in which consideration is given to prosecuting the complainant for perverting the course of justice must be referred to the Director of Public Prosecutions.
All cases referred to the CPS by the police, including those which are not thought to pass the Full Code Test, must be sent with an MG3 form including an analysis of the evidence and any legal issues submitted.
Note also section 49 Road Traffic Offenders Act 1991.
This allows a Court to re-sentence an individual who has deceived it about circumstances which were or might have been taken into account in deciding whether, or for how long, to disqualify that person.
If the perjury is part of a much more significant series of acts aimed at perverting justice, then a charge of perverting the course of justice would be more appropriate.
A charge of perverting the course of justice cannot be brought simply to avoid the requirements of corroboration of the falsity of the evidence as required by s.13: Proceedings against a prosecution witness for perjury will depend on an assessment of the material effect of the perjured evidence.
It is charged contrary to common law, not the Criminal Attempts Act 1981: 92 Cr. A charge of perverting the course of justice should, however be reserved for serious cases of interference with the administration of justice.
Consider whether the conduct: In cases of any seriousness, a prosecution will usually take place unless there are public interest factors tending against prosecution which clearly outweigh those tending in favour.
Although there may be public interest factors against prosecution in a particular case, prosecutions for public justice offences should usually go ahead and those factors should be put to the court for consideration when sentence is being passed.
Referrals will require the agreement of the relevant Head of Complex Casework Unit, Chief Crown Prosecutor or Deputy Chief Crown Prosecutor.
The most common example is when a suspect provides false details to an officer - whether it involves giving a false name, date of birth, address or a combination of the three.