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If you are facing an allegation of conspiracy to pervert the course of justice, you are likely worried about what this means for your future. This offence involves deliberate interference with the legal process and is treated extremely seriously by the courts. The allegation alone can feel overwhelming, especially if you are unsure of the potential consequences, whether prison is likely, or whether a suspended sentence might still be possible. This article explains the offence, how sentencing works, when suspended sentences may be available, and what steps you can take to improve your prospects.
What is conspiracy to pervert the course of justice?
Perverting the course of justice is a common law offence. It involves doing an act or series of acts which have a tendency to and are intended to pervert the course of public justice. “The course of justice” refers to the whole process of criminal investigation and proceedings. The offence can involve interference at any stage, from investigation to trial.
Examples of perverting the course of justice include making false allegations, destroying or fabricating evidence, intimidating witnesses, interfering with jurors, or helping someone evade arrest.
Conspiracy to pervert the course of justice arises when two or more people agree to carry out such acts, intending to interfere with an investigation or legal process. The offence is complete once the agreement is made. No actual interference needs to occur, and it does not matter whether the plan succeeds or fails.
Examples include:
- agreeing to give a false account to the police to protect a friend
- planning to destroy evidence before officers arrive
- coordinating stories between defendants to mislead investigators
- arranging for a witness to retract or alter their statement
- agreeing to identify a false driver in a speeding or traffic case
- encouraging someone to leave the country to avoid arrest
Because the offence strikes at the integrity of the justice system, both the substantive offence and any conspiracy to commit it are treated with great seriousness.
What are the usual sentences for conspiracy to pervert the course of justice?
Sentencing for this offence varies widely depending on the nature and seriousness of the conspiracy. Courts consider both the intention behind the conduct and the potential or actual harm.
More serious forms of conspiracy to pervert the course of justice include schemes that:
- aim to avoid conviction for serious offences
- involve threats, coercion, or violence
- involve fabricating evidence
- involve multiple participants in a coordinated plan
- cause or risk a wrongful conviction
- undermine the integrity of a major investigation
Sentences for high-level conspiracies often range between two and seven years, and sometimes higher where the underlying offence is particularly serious (for example, attempting to derail a murder investigation).
Mid-level conspiracies – for example, encouraging a witness to change their account, or attempting to conceal evidence relating to a non-violent offence – may attract sentences between 12 months and three years.
Lower-level conspiracies, particularly those involving single acts, minor underlying offences, or limited planning, may attract sentences of up to 12–18 months, making suspended sentences possible.
What is a suspended sentence and how does it work?
A suspended sentence is a custodial sentence that the court imposes but suspends for a period of time, allowing the defendant to remain in the community subject to strict conditions.
The custodial term must be two years or less in order to be eligible for suspension. The court then sets a suspension period of between six months and two years. During this period, the defendant must comply with conditions such as:
- unpaid work requirements
- rehabilitation activity requirements
- curfews or electronic monitoring
- exclusion from certain places
- treatment for addiction or mental health issues
- supervision by probation
If the defendant complies with all requirements and does not commit further offences during the suspension period, the sentence will not be activated. However, if they breach conditions or reoffend, the court will generally activate the custodial term, meaning the defendant could be sent to prison.
Can conspiracy to pervert the course of justice result in a suspended sentence?
Yes, a suspended sentence is possible, but it depends heavily on the seriousness of the conduct and the circumstances of the defendant. Courts assess both the gravity of the conspiracy and the need to protect the integrity of the justice system.
Suspended sentences tend to be available for conspiracies at the lower end of seriousness. Situations that may allow for suspension include:
- minimal planning or spontaneous decision-making
- the conspiracy relating to a relatively minor underlying offence
- no threat or coercion towards others
- limited harm or no significant impact on the investigation
- the defendant’s role being peripheral or reluctant
- strong personal mitigation such as youth, vulnerability, or mental health issues
- genuine remorse and early guilty plea
That said, suspended sentences are unlikely where:
- the conspiracy was aimed at avoiding conviction for a serious offence
- violence, threats, or intimidation were used
- evidence was destroyed or fabricated
- the conspiracy was organised or prolonged
- the conduct risked a wrongful conviction or the collapse of a trial
- the defendant has previous convictions
What factors do courts consider when deciding on a suspended sentence for conspiracy to pervert the course of justice?
When determining whether suspension is appropriate, the court considers a number of key factors.
- Level of planning and sophistication. Greater planning and coordination indicate higher culpability, reducing the likelihood of suspension.
- Type of interference with justice. Destroying evidence or fabricating accounts is treated more seriously than telling someone to stay silent.
- Harm caused or intended. Actual interference, such as causing an investigation to be misled, attracts harsher sentences than conspiracies that never progressed.
- Underlying offence. Attempts to avoid conviction for serious crimes weigh strongly against suspension.
- Role and influence. Leaders or instigators receive the highest sentences, whereas reluctant or pressured participants may receive more lenient outcomes.
- Use of threats or coercion. Any intimidation of witnesses or victims is a significant aggravating factor.
- Previous convictions. A clean record supports the prospect of suspension, while relevant previous offending, especially dishonesty, undermines it.
- Personal mitigation. Mental health issues, caring responsibilities, youth, or evidence of coercion may support suspension.
- Prospects of rehabilitation. Courts are more willing to suspend sentences where the defendant shows good insight and low risk of reoffending.
How serious does the offence have to be for a prison sentence for conspiracy to pervert the course of justice?
Conspiracy to pervert the course of justice almost always crosses the custody threshold because interference with legal proceedings is inherently serious. Immediate custody is highly likely where:
- the conspiracy involved serious underlying offences
- the conduct risked substantial harm to the justice system
- fabricated evidence or significant deception was used
- the conspiracy was ongoing or organised
- the defendant played a leading role
- the defendant attempted to evade responsibility for violent or serious crimes
- intimidation or threats were used
Cases involving attempts to derail serious criminal cases – such as murder, sexual offences, or major organised crime investigations – typically result in substantial immediate custody.
However, at the lower end, where the plan was minor, abandoned early, or caused minimal harm, and where personal mitigation is strong, a suspended sentence may still be possible.
What can I do to improve my chances of getting a suspended sentence for conspiracy to pervert the course of justice?
Proactive steps can significantly strengthen your prospects.
- Seek specialist legal representation. Solicitors experienced in conspiracy and justice-related offences can challenge assumptions, negotiate charges, and build powerful mitigation.
- Clarify your role in the conspiracy. If you were a minor participant, provide messages, statements, or contextual evidence showing your limited involvement.
- Demonstrate remorse. Genuine insight into the wrongdoing carries considerable weight with the court.
- Gather strong character references. References from employers, teachers, religious leaders, or family can help demonstrate that the offence was out of character.
- Address underlying issues. If mental health, coercion, addiction, or pressure contributed to the offence, obtain supporting evidence or professional reports.
- Engage in rehabilitation activities. Participation in counselling, education, community work, or employment demonstrates stability and reduces perceived risk.
- Provide evidence of positive personal circumstances. Caring responsibilities, stable employment, or family commitments may support suspension where custody would cause disproportionate harm.
Where to get more help
Facing allegations of conspiracy to pervert the course of justice can feel overwhelming. These are serious allegations that can have lasting consequences, but expert legal representation can make a significant difference to the outcome. At Stuart Miller Solicitors, our experienced team specialises in complex conspiracy and justice-related offences. We understand the stress and uncertainty you are facing and will work tirelessly to protect your interests. Contact us today for confidential advice about your situation and your options moving forward.
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