Unit 4 Lesson 4 Crimes Against Public Justice

Question 1

Define wasting police time and give its essential elements.

Answer 1

A crime at common law, committed by any person who maliciously makes a false statement to the police, with the intention and effect of causing unnecessary police investigation.

Essential elements
Not essential that a particular person be named in the false statement. The essence of the crime is that damage may be caused to the public interest by diverting police resources from normal duties to the needless investigation of the invented story.

Question 2

Define “Attempt to pervert the course of justice”

Answer 2

“A crime a common law which can be described as any overt and intentional action calculated, to interfere with either the normal investigation of a crime, or the bringing of an offender to justice”

Question 3

Define Perjury and give its 5 essential element.

Answer 3

“Perjury is a crime at common law, committed by any person who wilfully makes a false statement under oath or affirmation equivalent to oath”

1) Falsehood must be made under oath or affirmation in civil or criminal proceedings.
2) It must be proved to be false and that the accused knew it was false
3) It must relate to evidence of fact. It is not perjury if due to faulty recollection or misunderstanding
4) it must be direct and unequivocal
5) It must be relevant to the point at issue. It is not perjury if the evidence is irrelevant or incompetent

Question 4

Define “Subordination of Perjury”

Answer 4

“A crime at common law, committed by any person who counsels or induces, by any means, a person to give false testimony in judicial proceedings”

The crime of subordination of perjury is not complete unless the witness submits to the inducement and gives false evidence. For there to be subordination of perjury, there must be perjury first.

Question 5

Define “Attempted subordination of Perjury”

Answer 5

Complete as soon as any inducement or intimidation etc has been made.

Relevant where the witness is approached, an inducement offered or intimidation made but the matter is reported to the police before the witness goes to court.

Question 6

Define Contempt of Court

Answer 6

“An intentional disrespect or an action against the courts authority”