The court was asked: ‘Whether the common-law offence of perverting the course of public justice is committed where false evidence is given or made, not to defeat what the witness believes to be the ends of justice, or not to procure what the witness believes to be a false verdict.’ Photographs had been taken of a burglary, but the photographer was unidentified and did not wish to become involved, having left the photographs at the complainant’s house. The defendant police officer was said to have given a statement taylored to avoid the photographer being identified. The judge had held that she had not manufactured evidence and directed a not guilty verdict.
Held: The authorities demonstrated a distinction between the course and ends of justice and it is the course which matters for the purpose of this offence. It should have been left to the jury: ‘Whether or not her motive in making the false statement which she undoubtedly made, and in persuading the witness M to make the false statement which he undoubtedly made, was, at first sight, a laudable one of protecting the elderly neighbour; and whether or not, if that was the motive, that bore upon her intention in making those false statements, were eminently, as it seems to us, matters for consideration by the jury. The fact that a police officer had made a false statement and had persuaded a lay witness to make a false statement and had, in the course of interviewing a suspect, made a false statement to him, were, as it seems to us, each capable of giving rise to the inference that there was the necessary intention to pervert the course of justice. ‘
Citations:
[2002] EWCA Crim 2392
Links:
Statutes:
Criminal Justice Act 1972 36, Criminal Appeal (Reference of Points of Law) Rules 1973
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Vreones 1891
It was alleged that the defendant had tampered with a sample of wheat to be used in an arbitration, and he was accused of perverting the course of justice.
Held: Perverting the course of justice is a common law offence covering a wide variety . .
Cited – Regina v Lalani CACD 22-Jan-1999
In prosecuting a juror for acts intended to pervert the course of justice, it must be shown not only that the juror spoke to the defendant about the matter, but that the juror intended to interfere with justice or the nature of the communication did . .
Cited – Regina v Kellett CACD 1976
The defendant saw disparaging statements made about him by neighbours in the course of divorce proceedings. He wrote to them and asked them to withdraw the statements they had made and threatened proceedings for slander. He was charged with . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 27 August 2022; Ref: scu.189037
