Perverting the course of justice is a criminal offence under the law of England and Wales, committed by doing something intended to interfere with a police investigation or court proceedings for example, destroying evidence, giving a false alibi, or lying to the police about who was driving a car. It’s a common law offence, tried only in the Crown Court, and carries a maximum sentence of life imprisonment.
Since 1 October 2023, sentencing has followed a dedicated Sentencing Council guideline the first ever produced for this offence. This guide explains what the offence involves, how it’s sentenced today, and what defences may be available.
| Type of offence | Common law offence (England & Wales) |
|---|---|
| Where it’s tried | Crown Court only triable on indictment |
| Maximum sentence | Life imprisonment |
| Sentencing guideline | Sentencing Council guideline, in force since 1 October 2023 |
| Guideline range | Community order to 7 years’ custody |
| Does motive matter? | No only whether you intended to interfere with justice |
The offence arises where an event has occurred from which it’s reasonable to expect that an investigation often a police investigation will follow, has already started, or that court proceedings might start or have already started. In that context, the offence is committed where a person does an act, or embarks on a course of conduct, that has a tendency to interfere with the administration of justice and is intended to do so regardless of whether the interference actually succeeds.
Motive is not relevant to guilt. It doesn’t matter why you interfered to protect yourself, help a partner avoid penalty points, or shield a friend only that you did so intentionally.
If two or more people are involved, the charge is usually conspiracy to pervert the course of justice (see below).
| Offence | Legal basis | Where it’s tried | Maximum sentence |
|---|---|---|---|
| Perverting the course of justice | Common law | Crown Court only | Life imprisonment |
| Perjury | Perjury Act 1911 | Crown Court | 7 years’ imprisonment and/or a fine |
| Wasting police time | Criminal Law Act 1967, s.5(2) | Magistrates’ Court only | 6 months’ imprisonment and/or a fine |
| Obstructing a police constable | Police Act 1996, s.89(2) | Magistrates’ Court only | 1 month and/or a level 3 fine (£1,000) |
Perjury only applies to false statements made on oath in court. Wasting police time and obstruction are lesser, summary only alternatives sometimes charged or accepted as a plea where the conduct falls short of the full offence.
Where two or more people agree to interfere with justice together, the charge is usually conspiracy to pervert the course of justice one of the few offences still prosecuted as a common law conspiracy, carrying the same maximum sentence as the full offence: life imprisonment. The classic example is a driving points swap, where both the registered keeper and the person “taking” the points can be prosecuted.
The maximum sentence is life imprisonment. As a common law offence, Parliament has never set a statutory ceiling, so the maximum remains, in principle, unlimited.
Until October 2023, there was no dedicated sentencing guideline, and judges relied on a patchwork of Court of Appeal decisions which is why some older guidance still describes the position as “no specific guidelines.” That has changed. The Sentencing Council’s definitive guideline now assesses:
These combine into a sentencing range of a community order up to 7 years’ custody. The most serious combination carries a starting point of 4 years, within a range of 2–7 years. Exceptionally serious cases can still exceed 7 years, since the guideline sits below the true statutory maximum of life imprisonment.
The court also weighs aggravating factors (previous convictions, concealment), mitigating factors (genuine remorse, good character), and reduces the sentence for an early guilty plea. Where you’re also convicted of the underlying offence the interference related to, the sentence for perverting the course of justice is typically added consecutively, not served alongside it.
General criminal defences duress, insanity, automatism, intoxication, or genuine mistake may also apply in limited circumstances, depending heavily on the specific facts.
This guide covers the law of England and Wales. Scotland and Northern Ireland have their own related but separate offences.
Perverting the course of justice is a complex, serious offence, and early advice can materially affect the outcome. If you or someone you care about has been accused, contact Stuart Miller Solicitors‘ specialist criminal defence team for a confidential, no-obligation consultation.
It’s doing something intended to interfere with a police investigation or court case for example, lying to the police, destroying evidence, or pressuring a witness regardless of whether you succeed.
Not automatically, but a prison sentence immediate or suspended is the outcome in most cases, since interference with justice is treated as striking at the heart of the legal system. Outcomes depend heavily on culpability, harm and personal mitigation.
Life imprisonment. Under the current Sentencing Council guideline, most cases fall within a range of a community order to 7 years’ custody.
It’s charged when two or more people agree to interfere with justice together, such as one person agreeing to falsely take another’s speeding points. It carries the same maximum sentence as the main offence: life imprisonment.
Perjury only applies to false statements made under oath in judicial proceedings. Perverting the course of justice is broader and can apply long before a case reaches court during a police interview, for example.
Generally no. The offence requires a positive act or course of conduct simply not volunteering information isn’t usually enough on its own.
Yes, in principle. The CPS applies the Full Code Test assessing whether there’s a realistic prospect of conviction and whether prosecution is in the public interest and can discontinue a case at any stage if either isn’t met.
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