Perverting the course of justice: 5 ways people commit this serious offence
SavePerverting the course of justice is a common-law offence in England and Wales that covers any act intended to interfere with the administration of justice. The criminal justice system depends on truthfulness and cooperation; when someone lies to investigators, hides evidence or intimidates a witness, they face this charge. This article explains what the offence involves, the most frequent examples prosecuted in UK courts, and what sentences you can expect if convicted.
Definition and scope
The offence has no fixed definition in statute. It covers conduct that creates a real risk of injustice, whether or not that injustice actually happens. The prosecution must prove you acted deliberately to obstruct or misdirect a police investigation, court proceeding or other part of the justice process.
Perverting the course of justice is triable only in the Crown Court. The maximum sentence is life imprisonment, though most cases result in custodial terms measured in months or a small number of years. Courts treat it as a serious offence because it strikes at the heart of the legal system.
Common examples of the offence
People are charged with perverting justice in situations where they actively mislead authorities. The five scenarios below account for most prosecutions.
Providing a false alibi
You commit this offence if you tell police that someone was with you at a time when they were not, in order to give them an alibi for a crime. The lie must be material: it has to be capable of affecting the investigation. A false statement that investigators quickly disprove may still be perverting justice if it wasted time or resources.
Lying about who was driving
Claiming you were not the driver of a vehicle involved in an offence when you were, or saying someone else was driving when they were not, is one of the most prosecuted forms. This includes cases where a partner or family member agrees to take penalty points on behalf of the real driver.
Destroying or concealing evidence
Hiding, altering or getting rid of items that could be used as evidence in an investigation amounts to perverting justice. This can include deleting messages, disposing of weapons or clothing, or washing a car to remove forensic traces. The intent to obstruct must be clear.
Making a false report to police
Reporting a crime that did not happen, or accusing someone you know to be innocent, perverts justice if your purpose is to trigger an investigation or prosecution. This overlaps with wasting police time, but perverting justice is the more serious charge when the false report could lead to someone being wrongly convicted.
Intimidating or bribing a witness
Attempting to stop someone giving evidence, or offering them money or other inducement to change their account, is perverting justice. Threats do not have to be explicit; any conduct intended to dissuade a witness from cooperating with the investigation or testifying truthfully can be charged.
How it differs from other offences
Several related offences cover conduct that interferes with justice. Understanding the distinctions helps you see why perverting the course of justice is charged in some situations and not others.
| Offence | What it covers | Maximum sentence |
|---|---|---|
| Perverting the course of justice | Any act intended to interfere with justice, creating a real risk | Life imprisonment |
| Wasting police time | False reports or information that wastes resources but does not risk wrongful conviction | Six months |
| Witness intimidation | Threatening or harming someone because of their role as a witness | Five years |
| Assisting an offender | Helping someone escape arrest or prosecution after they commit an offence | Depends on the original offence |
Prosecutors choose perverting justice when the conduct goes beyond mere assistance or annoyance and actually threatens the integrity of an investigation or trial. The offence is reserved for behaviour that, if successful, could lead to an innocent person being convicted or a guilty person escaping justice.
What the prosecution must prove
Three elements must be established beyond reasonable doubt. First, that an act was done. Second, that the act had a tendency to pervert the course of public justice. Third, that you intended to pervert justice by doing it.
The prosecution does not have to show that justice was actually perverted, only that there was a real risk. If your lie was discovered before it caused harm, you can still be convicted. The offence is complete as soon as you take the deliberate step.
Sentences and aggravating factors
Sentencing depends on how serious the interference was and what stage the original investigation or case had reached. A guideline approach looks at culpability and harm, though there is no formal sentencing council guideline for this offence.
Custodial sentences are common. Someone who lies about being a driver in a speeding case might receive a community order or a short suspended sentence if they admit guilt early. More serious cases, such as providing a false alibi in a murder investigation or intimidating a witness in a violent-crime trial, often result in immediate imprisonment of several years.
Aggravating factors include the seriousness of the original offence you tried to obstruct, whether your actions caused an innocent person to be arrested or charged, the level of planning involved, and any abuse of a position of trust. Mitigating factors include an early guilty plea, genuine remorse, and a lack of previous convictions.
Defences and legal advice
The main defence is that you did not intend to pervert justice. If you genuinely believed the information you gave was true, or if your actions were not intended to mislead, the offence is not made out. Mistakes or misunderstandings can be a defence, but the court will examine your state of mind carefully.
Legal representation is essential if you are accused. The offence carries a potential life sentence, and even at the lower end of seriousness, a conviction results in a criminal record that can affect employment and travel. A defence solicitor will assess whether the prosecution can prove intent and whether your actions actually created a risk to justice.
You should not answer police questions without a solicitor present. Anything you say in interview can be used in evidence, and attempting to explain yourself without advice often strengthens the case against you.
Steps to take if you are investigated
- Do not make any further statements to police or witnesses until you have spoken to a solicitor.
- Arrange legal representation as soon as you are contacted by police or know you are under investigation.
- Gather any documents or messages that show your state of mind or contradict the allegation.
- Attend your police interview with your solicitor and follow their advice on what to say.
- If charged, comply with all bail conditions and stay in regular contact with your legal team.
Consequences beyond the sentence
A conviction results in a criminal record. Because perverting justice is an offence of dishonesty, it appears on standard and enhanced DBS checks. This can prevent you from working in roles that require trust, such as teaching, healthcare, finance or legal professions.
The conviction is not spent until the rehabilitation period for the sentence you receive has passed. For custodial sentences over four years, the conviction is never spent. Even a community order or suspended sentence creates a period during which you must disclose the conviction to employers who ask.
If you are not a British citizen, a conviction for perverting justice can affect your immigration status. Sentences of twelve months or more make you liable for deportation, and any conviction can be used as evidence of bad character in visa or settlement applications.
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Further reading
Frequently asked questions
How long can you go to prison for perverting the course of justice?
The maximum sentence is life imprisonment, though most cases result in custodial terms from a few months to several years depending on the seriousness of the interference and the original offence involved.
What counts as perverting the course of justice?
Any deliberate act intended to obstruct or mislead a police investigation or court proceeding, such as lying to police, destroying evidence, providing a false alibi, or intimidating a witness.
Can you be charged with perverting justice if the person is found not guilty?
Yes. The prosecution only needs to prove that your actions created a real risk of injustice, not that justice was actually perverted or that anyone was wrongly convicted.
Is lying to the police always perverting the course of justice?
No. The lie must be material and intended to interfere with an investigation or proceeding. Minor untruths that do not affect the case may be dealt with as wasting police time or not charged at all.
What is the difference between perverting justice and assisting an offender?
Assisting an offender means helping someone escape arrest or prosecution after they commit a crime, such as hiding them or providing transport. Perverting justice covers a wider range of conduct that interferes with investigations or proceedings, including lying or destroying evidence.
Do you need to have succeeded in misleading the police to be convicted?
No. The offence is complete as soon as you take the deliberate step with intent to pervert justice, even if your lie is discovered immediately or the investigation proceeds without being affected.
Can a guilty plea reduce the sentence for perverting justice?
Yes. An early guilty plea is a significant mitigating factor and can result in a reduction of up to one third of the sentence, depending on when you plead.