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What is the maximum sentence for Conspiracy to Commit Perjury?

Conspiracy to commit perjury is a very serious crime in the UK and if you or someone you care about is facing this charge and you are curious about the maximum sentence, you’re not alone. Whatever your situation, seeking advice from a trusted solicitor as early as possible in the process is a vital first step. While the punishment for this offence can be severe, solicitors can assist in potentially reducing any prison time. This article will cover the basics of the offence, i.e. what constitutes conspiracy to commit perjury, and discuss the maximum possible sentence you might face. We’ll also explore key points from the sentencing guidelines and explain how a solicitor can help lessen your sentence.

What is the offence of conspiracy to commit perjury?

The offence of conspiracy to commit perjury in England involves an agreement between two or more persons to give false evidence under oath with the intent to mislead the court or judicial proceeding. Conspiracy to commit perjury is governed by Section 1(1) of the Criminal Law Act 1977, which addresses conspiracy offences, in combination with the Perjury Act 1911, which sets out the offence of perjury.

To secure a conviction for conspiracy to commit perjury, the prosecution must provide evidence demonstrating the following elements:

  1. An agreement between two or more persons: There must be a clear agreement to give false testimony or statements.
  2. Intent to deceive: The parties involved must intend to mislead the court or another legal process.
  3. Overt acts in furtherance of the conspiracy: There must be evidence of actions taken to carry out the agreed-upon false testimony.

Examples of conspiracy to commit perjury include:

  • Two witnesses agreeing to lie about seeing a crime that did not occur.
  • An individual and their friend planning to give false alibis for each other in a criminal case.
  • Business partners conspiring to provide false financial statements in court to influence a civil case.
  • A defendant and a witness agreeing to present fraudulent documents in court.
  • Friends agreeing to lie under oath about the location of a suspect during a robbery.
  • Family members conspiring to provide false testimony about property ownership in a divorce settlement.
  • Colleagues planning to falsely testify about workplace incidents to benefit a claimant in an employment tribunal.
  • Accomplices agreeing to make false statements about their involvement in a criminal enterprise.
  • A group conspiring to provide forged evidence to support a false personal injury claim.
  • An individual and a relative planning to lie about the circumstances surrounding an accident to benefit in an insurance claim.

What is the maximum sentence for conspiracy to commit perjury?

In England and Wales, conspiracy to commit perjury is taken very seriously and can result in significant penalties upon conviction. According to the Sentencing Council guidelines, the maximum sentence for perjury itself can be up to 7 years’ imprisonment and a fine. Because conspiracy to commit perjury involves planning and coordination to commit the offence, it is treated with similar gravity.

However, the exact sentence in any given case will depend on various factors, including the circumstances of the offence, the defendant’s role in the conspiracy, and any mitigating or aggravating factors. Courts will consider the nature of the planned perjury, the intended or actual impact on judicial proceedings, and whether there was a breach of trust. A conspiracy charge might arguably align with or even exceed the penalties for the principal offence, reflecting the premeditated and collaborative aspect of the crime. As a result, individuals facing such charges could potentially receive up to the maximum penalty of 7 years’ imprisonment, subject to judicial discretion.

What factors influence the sentencing of conspiracy to commit perjury?

When sentencing for the offence of conspiracy to commit perjury, a judge will take into account a range of factors to determine an appropriate sentence. These considerations include both aggravating and mitigating factors, as well as any pertinent guidelines set forth by the Sentencing Council for England and Wales.

Firstly, judges consider the seriousness of the offence. Conspiracy to commit perjury is inherently serious as it undermines the judicial system and the administration of justice. The level of planning, the amount of coordination among the conspirators, and whether the perjury significantly influenced the outcome of legal proceedings will all be scrutinised.

Aggravating factors that could lead to a harsher sentence include:

  1. Previous convictions for similar offences, showing a pattern of disregard for the law.
  2. The involvement of a large number of individuals in the conspiracy, which can suggest a more organised and premeditated effort.
  3. Cases where the perjury had a substantial adverse impact on the victims, such as wrongful conviction or significant financial loss.
  4. Abuse of a position of trust or authority, for instance, when the defendant holds a legal or public office.
  5. Efforts to conceal the offence or manipulate others into participating in the conspiracy.

Conversely, mitigating factors that might result in a more lenient sentence include:

  1. Demonstrations of genuine remorse and steps taken by the defendant to rectify the harm caused by their actions.
  2. A lack of prior criminal history, particularly for similar offences.
  3. Evidence that the defendant was coerced or under duress to participate in the conspiracy.
  4. Voluntary admissions of guilt or cooperation with the police that may have resulted in the elucidation or cessation of further criminal activity.
  5. Personal circumstances that might have influenced the defendant’s participation, such as severe financial hardship or health issues.

Additional considerations from the Sentencing Council guidelines include the defendant’s age, mental health, and any dependent family members who would be significantly impacted by a custodial sentence.

How can a solicitor help with reducing the sentence for conspiracy to commit perjury?

Facing an accusation of conspiracy to commit perjury is an extremely serious matter in English criminal law, carrying the potential for severe consequences. Having a competent solicitor at your side can drastically influence the outcome of your case, particularly when it comes to reducing your sentence.

Why you should get a solicitor for conspiracy to commit perjury:

  1. Expert Guidance: A knowledgeable solicitor can provide expert legal advice tailored to the specifics of your case. This includes exploring all possible defences, understanding the intricacies of the law, and identifying any weaknesses in the prosecution’s case.
  2. Representation in Court: Skilled solicitors are experienced in court proceedings and can effectively represent you, ensuring that your side of the story is heard clearly and articulately. They can negotiate with the prosecution to potentially secure a reduced sentence.
  3. Mitigation Factors: A solicitor can help gather and present evidence that may serve as mitigating factors during sentencing. This can include demonstrating remorse, lack of prior criminal history, or any personal circumstances that might influence the court’s decision.
  4. Plea Bargaining: In some cases, entering a guilty plea early can result in a reduced sentence. A solicitor can advise on whether this is a strategic move for your situation and can negotiate the terms of the plea with the prosecution.

What to look for when choosing a solicitor:

  • Expertise in Criminal Law: Ensure that the solicitor has extensive experience and a strong track record in handling criminal defence cases, particularly those involving conspiracy to commit perjury.
  • Reputation and Reviews: Research the solicitor’s reputation by reading client reviews and testimonials. A well-respected solicitor is more likely to handle your case professionally and effectively.
  • Accreditations: Look for solicitors who are members of reputable legal organisations, such as the Law Society or the Criminal Law Solicitors’ Association. These accreditations can indicate a high level of professionalism and expertise.
  • Clarity and Responsiveness: Choose a solicitor who communicates clearly and responds promptly to your queries. Effective communication is crucial for understanding the legal process and making informed decisions.
  • Personal Rapport: It’s important to feel comfortable with your solicitor, as you will need to share sensitive information and trust their advice.
  • Transparency: Ensure that the solicitor provides a clear breakdown of their fees and any additional costs that may arise.
  • Track Record: Inquire about the solicitor’s success rate in similar cases. A high success rate can be a good indicator of their capability to handle your case effectively.

Where to get more help

Concerns about what sentence you might receive for conspiracy to commit perjury can be overwhelming, and you likely have several important questions on your mind. For more help and guidance on sentencing and other matters related to the offence of conspiracy to commit perjury, get in touch with the team at Stuart Miller Solicitors today. We are on hand to assist you with your case.

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