Sex live - Intimidating witness charges

Referrals will require the agreement of the relevant Head of Complex Casework Unit, Chief Crown Prosecutor or Deputy Chief Crown Prosecutor.The most common example is when a suspect provides false details to an officer - whether it involves giving a false name, date of birth, address or a combination of the three.

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If the perjury is part of a much more significant series of acts aimed at perverting justice, then a charge of perverting the course of justice would be more appropriate.

A charge of perverting the course of justice cannot be brought simply to avoid the requirements of corroboration of the falsity of the evidence as required by s.13: Proceedings against a prosecution witness for perjury will depend on an assessment of the material effect of the perjured evidence.

Note also section 49 Road Traffic Offenders Act 1991.

This allows a Court to re-sentence an individual who has deceived it about circumstances which were or might have been taken into account in deciding whether, or for how long, to disqualify that person.

Regard should be had to the case of (2002) TLR 29/5/02, which suggests the use of offences other than perverting the course of justice when other individuals are not exposed to risk.

Note that extended time limits apply to some summary only motoring offences and the principal offence can be prosecuted beyond the 6 months time limit.

If a wrongful conviction is believed to have occurred because of the perjured evidence, a prosecution should follow, unless there are exceptional circumstances.

If the witness has lied to protect his or her own interests rather than with an intent to pervert the course of justice, a prosecution may be unnecessary.

The course of justice starts when: [2000] EWCA Crim 1033 it was held that where the prosecution case is that a false allegation has been made, all that is required is that the person making the false allegation intended that it should be taken seriously by the police.

It is not necessary to prove that she/he intended that anyone should actually be arrested.

Adoption of this standard should lead to a reduction in the number of times charges have to be amended which in turn should lead to an increase in efficiency and a reduction in avoidable extra work for the police and the Crown Prosecution Service.

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