Offences Against The Administration Of Justice

Question 1

Is it perjury if i lie in court?

Answer 1

Only if i know it to be false or do not believe it to be true and it is a material statement (important).

Question 2

How do i prove an offence of false statement in criminal proceedings?

Answer 2

Wilfully make a written statement that is material that they know to be false or do not believe to be true.

Question 3

Can you commit perjury in non criminal cases?

Answer 3

No - it is a separate offence of false statements on oath.

Question 4

To get a witness intimidation what must the act be?

Answer 4

A threat or use of violence which seeks to deter the victim.

Can also be financial as well as physical

Question 5

Guest asks Sarah to intimidate Tammy on his behalf whilst he is on remand. Does Sarah commit an offence?

Answer 5

Yes - if Sarah does an act or threatens to do an act intending to harm/cause fear of harm and Sarah does it

Knowing or believing that they or another are a witness

And they do it or threaten to do it because of their knowledge or belief

Question 6

Physical harm intimidation. Does spitting include physical harm?

Answer 6

No

Question 7

Intimidation in non criminal proceedings. What type of proceedings are not included?

Answer 7

Inquests and police conduct hearings.

Question 8

if i am part of a police conduct hearing and i intimidate Craig into not giving evidence, have i committed an offence?

Answer 8

No - police conduct hearings are not included.

Question 9

For the offence of harming witnesses can it be property?

Answer 9

Yes and it can be to a third party too.

Question 10

For assisting an offender, what kind of crime must it be?

Answer 10

An offence that a person aged 18 or over may be sentenced to a term of imprisonment of 5 years.

Question 11

I assist joe by providing him with a room to stay whilst he is wanted for a serious offence. I suspect he is wanted for this offence. Am i guilty?

Answer 11

No must know or believe he is guilty.

Question 12

Jason Stanmore’s mum does not tell police that her son, whom she knows is guilty for a robbery is hiding in his bedroom from police. Guilty of assisting?

Answer 12

No - only if she does a positive act.

Question 13

Can you assist an escape whilst in transit?

Answer 13

No - must be physical custody.

Question 14

Jack Hearn commits an offence. He runs away and a mum sees him. He shouts at her not to talk to police or he will kill her. Witness intimidation?

Answer 14

Yes

Does an act which intimidates and is intended to intimidate - YES
He does an act knowing or believe in that the victim is a potential witness - YES
He does it intending thereby to cause the investigation to be obstructed - YES

Question 15

Can a defendant commit perjury?

Answer 15

Yes

Question 16

Do you need DPP consent to prosecute for pervert justice?

Answer 16

No

Question 17

Can a confession made by one person be directly admissible against a co-defendant?

Answer 17

No it will be indirectly admissible unless the co-defendant was present and they acknowledge the incriminating parts

Question 18

If a suspect intimidates a witness by saying “If you go to the police, i will make sure you lose your job”, is this witness intimidation?

Answer 18

Yes

The harm that may be done or threatened may be financial as well as physical.

Question 19

For witness intimidation, must the intimidation be towards someone that is actually assisting police as a witness?

Answer 19

No it can be towards a potential witness.

Irrelevant whether they are actually intimidated or not

Question 20

Is there a minimum number of hours for wasting police time?

Answer 20

No

Question 21

For intimidating a jury member, does the person have to actually be a jury member?

Answer 21

Yes or potential jurors

Question 22

For witness intimidation, does the person actually have to be intimidated?

Answer 22

No

Just an act to intends to intimidate

Question 23

Must a suspect in witness intimidation intend to intimidate?

Answer 23

Yes

Intent to intimidate and intent to cause the investigation or the course of justice to be obstructed, perverted or interfered with.

Question 24

What must a suspect for witness intimidation intend?

Answer 24

For the investigation or course of justice to be obstructed, perverted or interfered with.

Question 25

Must the victim actually be intimidated for an offence of witness intimidation?

Answer 25

No