Perverting the Course of Justice

Whilst not exclusive to motoring offences, perverting the course of justice is a very serious offence that can often be linked to offences involving a motor vehicle. The penalties for perverting the course of justice are severe, and it is one of the most serious motoring related offences you can be charged with. Therefore, it is extremely important to seek expert legal representation if you face such an offence.  

What is Perverting the Course of Justice? 

Perverting the course of justice is a common law offence, meaning there is no statutory definition as it is based on case law rather than legislation. The elements of the offence have been outlined in precedent as follows: 

1. Someone acts or embarks upon a course of conduct 
2. Which has a tendency to, and 
3. Is intended to pervert 
4. The course of justice 

For the offence to be committed, there must be some form of positive act of perversion, the act must have a tendency to pervert the course of justice (albeit there is no requirement to show the tendency came to fruition), and the act must be intended to pervert the course of justice (and the prosecution must prove intention by means of admissible evidence).  

For the offence to be properly laid, the offence must be committed in circumstances where proceedings of some kind exist, are imminent, or investigations which could or might bring proceedings about are in progress.  

How Does This Relate to Motoring Offences? 

A motorist may face a charge of perverting the course of justice in a number of different scenarios. Whilst there is no closed list of acts which may give rise to the offence, in our experience, the scenarios below are most likely to result in a charge for perverting the course of justice.  

Taking Penalty Points for Someone Else  

There has been significant media attention involving motorists taking penalty points for each other to avoid disqualification. Such circumstances amount to perverting the course of justice.  

Lying to the Police to Avoid Prosecution 

If a motorist was to lie to the police, for example, by stating someone else was driving, or by reporting their vehicle “stolen”, this could amount to perverting the course of justice.  

Naming Someone in a Foreign Country 

Another common plan is to name someone the police cannot source, usually from a foreign country. This is something the police are well aware of and can result in a charge of perverting the course of justice.  

Destroying Evidence 

Historically there have been circumstances where motorists have committed a motoring offence and then attempted to or destroyed their vehicle to conceal their involvement. Such concealment can amount to perverting the course of justice.  

It would not be perverting the course of justice to, for example, continue to drive home following an accident. Nor would it be perverting the course of justice to remain silent during an interview or by pleading not guilty and putting the prosecution to proof in relation to an offence. 

Penalties for Perverting the Course of Justice 

Perverting the course of justice is triable only on indictment and the sentencing range is dependent on a number of factors. If convicted for perverting the course of justice, it almost always results in a custodial sentence.  

Due to the seriousness of this offence, seeking immediate legal advice is of the upmost importance.  

Why Choose Olliers? 

• Decades of experience in motoring law  
• A proactive, strategic approach to defending your case  
• Clear, honest advice from the outset  
• Representation in both the Magistrates’ and Crown Court if required  

Contact Olliers – Motoring Law Specialist Solicitors

If you’ve been accused of perverting the course of justice, don’t delay in contacting us. Early legal advice can make all the difference.

Contact our specialist motoring team by completing the form below, emailing info@olliers.com or telephoning 0161 8341515 (Manchester) or 02038836790 (London).