Conspiracy to commit perjury is a grave offence in the UK, treated with utmost seriousness by the legal system. This crime involves an agreement between two or more persons to give false testimony under oath, potentially undermining the justice process. If you or someone you care about is charged with conspiracy to commit perjury, seeking legal advice should be the first thing on your to do list. This article provides an overview of the offence, details the sentencing guidelines, and discusses the likelihood of a custodial sentence for first-time offenders. We also offer guidance on where to find further help.
Conspiracy to commit perjury is defined under English law as an agreement between two or more persons to make false statements under oath in a judicial proceeding. This offence is particularly severe as it directly attacks the integrity of the judicial system. The key legislation governing this offence is the Perjury Act 1911 read in conjunction with the Criminal Law Act 1977, which outlines the general principles of conspiracy. Importantly, the offence is considered to be committed once the agreement to commit perjury is made, regardless of whether the perjured testimony is actually delivered. The law recognises the gravity of conspiring to distort justice, and the penalties reflect this seriousness.
Here are the primary elements that must be established:
Note that the actual commission of perjury (i.e., giving false testimony) is not a necessary element to prove a conspiracy to commit perjury. The crime is in the agreement and the intent to subvert the course of justice, not necessarily in the fulfilment of that agreement.
If you are suspected of conspiracy to commit perjury, the process that follows can be complex and stressful. Initially, an investigation is conducted by the police or another relevant authority, such as the Crown Prosecution Service (CPS). This investigation will focus on gathering evidence of the alleged conspiracy, which could include communications between the conspirators, any documented plans, or testimony from witnesses.
If sufficient evidence is found, you will be formally charged. The next step is a court appearance, where you will be asked to plead guilty or not guilty. If you plead not guilty, the case will proceed to trial, where the prosecution must prove beyond reasonable doubt that you conspired to commit perjury.
Throughout this process, the role of your legal representative is crucial. They will provide advice on how to plead, represent you in court, and work to ensure your rights are protected. Your lawyer can challenge the evidence against you, cross-examine witnesses, and argue for bail if you are held in custody.
Moreover, the legal process involves several stages, including pre-trial hearings, potential plea bargaining, and the trial itself. Each stage has its procedures and potential outcomes, making the guidance of a knowledgeable lawyer indispensable.
Finally, if found guilty, the court will proceed to sentencing, taking into account various factors, including the severity of the offence, your role in the conspiracy, and any previous criminal history.
The sentence for conspiracy to commit perjury in the UK can vary significantly, depending on the circumstances of the case and the individuals involved. Under English law, the maximum penalty for perjury is 7 years’ imprisonment, and this extends to conspiracy to commit perjury as well.
When sentencing, courts consider both aggravating and mitigating factors. Aggravating factors that can lead to a harsher sentence include the impact of the perjury on the judicial process, the level of planning involved, and whether the conspiracy resulted in a miscarriage of justice. For example, a conspiracy that leads to the wrongful conviction of an innocent person would be treated particularly severely.
Mitigating factors that might lead to a lesser sentence include a lack of previous convictions, the role played by the defendant in the conspiracy (whether they were the instigator or merely a participant), and any remorse shown by the defendant.
The sentencing process is comprehensive and considers the individual circumstances of each case. It involves a pre-sentence report, character references, and possibly medical or psychiatric reports. The final sentence could range from a community order to a full custodial sentence, depending on these various factors.
For first-time offenders, the likelihood of a custodial sentence for conspiracy to commit perjury depends on the specific circumstances of the case. While the offence carries a potential prison sentence of up to 7 years, not all cases result in imprisonment, especially for first-time offenders.
The court will consider several factors when deciding on a sentence. If the conspiracy was limited in scope, involved minimal planning, or had a lesser impact on the judicial process, the court might be more inclined to impose a non-custodial sentence, such as a community service order or a suspended sentence.
However, if the conspiracy significantly affected the integrity of the judicial process, or if it led to serious consequences such as a miscarriage of justice, even first-time offenders could face a custodial sentence. The court’s primary concern is to uphold the integrity of the justice system and deter others from committing similar offences.
Note that each case is unique, and the court’s decision will be based on the individual facts and circumstances. Legal representation is very important in ensuring you can present your case in the most favourable light and arguing for the most lenient sentence possible, considering all mitigating factors.
This article has provided an overview of the offence of conspiracy to commit perjury, outlined the typical legal process you might expect if charged with this offence, discussed sentencing guidelines, and considered the likelihood of imprisonment for first-time offenders. Please understand that legal advice is vital in navigating these complex matters. For more information and to receive a free consultation, get in touch with the team at Stuart Miller Solicitors as soon as possible. Their expertise can provide invaluable support and guidance through every step of the legal process.
Responsive
A legal expert will consult you within 24 hours of making an enquiry.
Empathetic
We will always treat you with trust, understanding and respect.
Specialised
Your case will be handled by an expert who specialises in your type of offence.
Proactive
We will take early action to end proceedings as soon as it is practically and legally possible to do so.
Engaged
You will be kept updated on your case at all times. We will provide a named contact available to answer your questions.
Caring
We understand this is a difficult and stressful time for you and your family. Our team will support you every step of the way.
Tenacious
We will never give up on your case. We fight tirelessly to get you the best possible outcome.