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What is Perverting the Course of Justice?

Perverting the Course of Justice

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.

Key Facts About Perverting the Course of Justice

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

What Is Perverting the Course of 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.

To convict, the prosecution must prove three things:

  1. A course of conduct an act or series of acts (inaction alone isn’t enough)
  2. A tendency to interfere with the administration of justice
  3. Intention to interfere with the course of justice

If two or more people are involved, the charge is usually conspiracy to pervert the course of justice (see below).

Examples of Perverting the Course of Justice

  • Destroying, hiding or altering evidence before the police search your property
  • Planting someone else’s DNA or other evidence to falsely incriminate them
  • Making a knowingly false allegation that someone committed a crime
  • Giving false information to the police including one of the most commonly prosecuted scenarios: a driver falsely claiming someone else was behind the wheel, or a family member agreeing to accept their penalty points, to avoid a driving ban
  • Providing a false alibi for another person
  • Pressuring, bribing or intimidating a witness to change their evidence

How It Compares to Related Offences

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.

Conspiracy to Pervert the Course of Justice

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.

Sentencing for Perverting the Course of Justice

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:

  • Culpability — from Category C (unplanned, unsophisticated conduct, or acting under pressure) to Category A (sustained or planned conduct, breach of trust, or a serious underlying offence)
  • Harm — from Category 3 (limited impact) to Category 1 (serious consequences for an innocent party, or major impact on the administration of justice)

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.

Defences to Perverting the Course of Justice

  • Lack of intent — if you gave false information without knowing it was false, this may be a defence, since the offence requires you to have known your conduct could interfere with justice
  • No positive course of conduct — the offence requires a deliberate act; simply staying silent rather than volunteering a correct account may mean you never embarked on a course of conduct at all
  • Exercising your legal rights — you cannot be convicted for lawfully giving a no comment interview, refusing an interview before your solicitor arrives, pleading not guilty, or asking for clarification before answering questions

General criminal defences duress, insanity, automatism, intoxication, or genuine mistake may also apply in limited circumstances, depending heavily on the specific facts.

What to Do If You’ve Been Accused

  1. Get specialist legal advice before answering any police questions free advice is available at the police station regardless of income
  2. Don’t discuss the situation with anyone else involved
  3. Don’t destroy, alter, or “tidy up” anything relevant
  4. Attend every police and court appointment required of you

This guide covers the law of England and Wales. Scotland and Northern Ireland have their own related but separate offences.

Get Expert Advice

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.

Frequently Asked Questions

What is perverting the course of justice in simple terms?

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.

Will I definitely go to prison for perverting the course of justice?

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.

What is the maximum sentence for perverting the course of justice?

Life imprisonment. Under the current Sentencing Council guideline, most cases fall within a range of a community order to 7 years’ custody.

What is conspiracy to pervert the course of justice?

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.

What’s the difference between perverting the course of justice and perjury?

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.

Can staying silent amount to perverting the course of justice?

Generally no. The offence requires a positive act or course of conduct simply not volunteering information isn’t usually enough on its own.

Can perverting the course of justice charges be dropped?

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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