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Being accused of conspiracy to commit perjury is deeply unsettling. You may be wondering how seriously the court will view the allegation, whether you are at risk of going to prison, and whether there is any realistic possibility of receiving a suspended sentence. Because this offence involves interference with the administration of justice, it can attract serious punishment. However, the legal position is more complicated than many people realise. This article explains what conspiracy to commit perjury involves, how sentencing works, when suspended sentences may be available, and what practical steps you can take to improve your prospects.
What is conspiracy to commit perjury?
Perjury is the criminal offence of knowingly making a false statement under oath in judicial proceedings. It is defined under the Perjury Act 1911. Conspiracy to commit perjury arises when two or more people agree to make, or to procure someone else to make, a knowingly false statement under oath with the intention of misleading a court or tribunal.
To establish conspiracy, the prosecution must prove that an agreement existed between at least two people, that the purpose of the agreement was to commit perjury, and that the parties intended the unlawful objective to be carried out. Importantly, no perjury actually needs to occur – the offence is complete once the unlawful agreement is made.
Conspiracy to commit perjury can occur in a range of scenarios. Examples include arranging for a witness to give false testimony in a criminal trial, coordinating fabricated statements to support a friend’s defence, agreeing to lie in civil proceedings to obtain financial advantage, or persuading someone to falsely accept responsibility for an offence to protect another individual. Even if the false testimony is never delivered, the very agreement to commit the wrongdoing may lead to prosecution.
What are the usual sentences for conspiracy to commit perjury?
Courts treat perjury and related conspiracies seriously because they undermine the integrity of the justice system. The appropriate sentence depends on the role played, the level of planning, the harm caused or risked, and whether an actual miscarriage of justice occurred.
Where the conspiracy results in significant harm – such as wrongful conviction, acquittal of a guilty person, or financial loss – sentences often fall within the range of 2 to 5 years’ custody. In cases involving complex or deliberate efforts to deceive the court, or where senior professionals participate (such as solicitors, police officers, or expert witnesses), even higher sentences may be imposed.
At the lower end, where the conspiracy was short-lived, minimal in planning, involved no financial motive, and did not result in harm, sentences may fall below two years. This range is where suspended sentences become legally possible, though certainly not guaranteed.
It is worth noting that sentencing for conspiracy generally mirrors the sentencing for the substantive offence. In other words, if the perjury contemplated was serious, the conspiracy to commit it will be treated just as seriously.
What is a suspended sentence and how does it work?
A suspended sentence is a custodial sentence that is imposed but not immediately activated. Instead, the court suspends the prison term for a period of between six months and two years. During that time, the defendant must comply with conditions such as unpaid work, rehabilitation activity requirements, curfews, exclusion zones, or programmes addressing offending behaviour. They must also not commit further offences.
If all conditions are complied with and the individual remains offence-free, the custodial sentence will not be activated and will effectively expire at the end of the suspension period. However, if conditions are breached or further offending occurs, the court will almost always activate the custodial sentence, requiring the individual to serve some or all of the term in prison, often in addition to penalties for the breach.
Suspended sentences are available only where the custodial term imposed is two years or less. Where the appropriate sentence exceeds two years, suspension is not permitted.
Can conspiracy to commit perjury result in a suspended sentence?
A suspended sentence is possible in some conspiracy to commit perjury cases, but it depends heavily on the seriousness of the conduct. Courts reserve suspended sentences for conspiracies at the very lower end of culpability or harm. The judge must first be satisfied that the offence does not require immediate custody despite crossing the custody threshold, and then must decide that there are factors justifying suspension.
Circumstances where suspension may be considered include:
- Minimal planning or sophistication, such as a spontaneous agreement rather than a carefully coordinated scheme.
- Peripheral involvement, where the defendant played a minor role or was pressured by a more dominant participant.
- No actual harm or miscarriage of justice, such as where the scheme fell apart before any false evidence was given.
- No financial motivation, with the conduct arising perhaps from misplaced loyalty rather than personal gain.
- Strong personal mitigation, such as previous good character, significant caring responsibilities, mental health issues, or evidence of coercion.
- Early admission and genuine remorse, which demonstrate a willingness to take responsibility.
That said, where the conspiracy is serious, planned, or resulted in harm, suspension becomes unlikely. Courts are reluctant to suspend sentences in cases involving significant interference with the justice system.
What factors do courts consider when deciding on a suspended sentence for conspiracy to commit perjury?
When determining whether suspension is appropriate, judges assess multiple factors:
- Nature and seriousness of the conspiracy. If the agreement involved structured planning, multiple participants, or an intention to mislead the court in a serious criminal trial, suspension is unlikely. More spontaneous or limited agreements carry better prospects.
- Actual or potential harm. If the conspiracy caused or risked causing a wrongful conviction, acquittal, or serious financial harm, immediate custody is usually considered necessary to mark the seriousness of the offence.
- Role and culpability. Those who orchestrate or encourage others to lie face harsher outcomes than those who are persuaded or pressured by others. Lesser-role defendants may have better prospects of suspension.
- Financial gain is a serious aggravating factor. By contrast, misguided attempts to protect family members, while still criminal, may attract more leniency.
- Personal mitigation. The court may consider mental health difficulties, prior good character, responsibilities for dependants, vulnerability to influence, or evidence of undue pressure. These factors do not excuse the conduct but may support suspension.
- Risk of reoffending. If the offending appears out of character and the defendant demonstrates insight and responsibility, the likelihood of suspension increases.
How serious does the offence have to be for a prison sentence for conspiracy to commit perjury?
Conspiracy to commit perjury is an offence that will often pass the custody threshold. Even at the lower end, the court must consider the need to protect the integrity of the justice system. Cases involving substantial planning, repeated offending, or actual harm almost always result in immediate custody.
A prison sentence becomes almost inevitable when:
- the conspiracy was motivated by financial gain
- the conspiracy resulted in or risked a miscarriage of justice
- the defendant occupied a position of trust or authority
- the conduct occurred over a significant period
- the defendant has previous convictions for similar or dishonesty-related offences
At the lower end, where involvement was limited and no harm occurred, sentences may fall below 2 years, making suspension legally possible. Nevertheless, the usual position is that significant conspiracies to mislead the court will be punished with immediate custody.
What can I do to improve my chances of getting a suspended sentence for conspiracy to commit perjury?
If a suspended sentence is your goal, proactive steps can significantly strengthen your position:
- Secure expert legal representation immediately. Specialist solicitors can advise on evidence, strategy, and mitigation, and can often influence how the case is viewed by presenting the context accurately.
- Provide a clear, honest account. If you acted under pressure, coercion, or misunderstanding, gather supporting evidence. Courts distinguish between reluctant participants and instigators.
- Demonstrate genuine remorse. This includes acknowledging wrongdoing (where appropriate) and showing insight into why the conduct was harmful.
- Address any underlying issues. If mental health challenges, vulnerability to influence, addiction, or personal crises contributed to the offence, obtain professional support and evidence.
- Prepare strong character evidence. References from employers, community members, and family can help demonstrate good character, stability, and low risk.
- Show positive steps toward rehabilitation. Engaging in voluntary work, therapy, or community activities can show that you are committed to avoiding future offending.
Where to get more help
Facing an allegation of conspiracy to commit perjury is daunting, especially given the seriousness with which the courts treat offences involving interference with justice. The team at Stuart Miller Solicitors has extensive experience defending clients in complex conspiracy cases. We understand the stress, uncertainty, and concern you may be facing, and we provide expert, strategic advice tailored to your situation. Contact us today for confidential guidance about the steps you can take and the options available to you.
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