Perjury

An allegation of perjury is an accusation that strikes at the very heart of the justice system. It means you are accused of deliberately lying under oath in a judicial proceeding, an act considered one of the most serious offences against public justice. A conviction for perjury almost inevitably results in a prison sentence, as the courts seek to protect the integrity of legal proceedings. Facing such a charge is an incredibly stressful and complex situation that demands immediate and highly specialised legal representation.

At Central Chambers Law, our senior legal consultants are experts in defending the most serious criminal allegations, including perjury. We possess a deep and technical understanding of the law, the high burden of proof on the prosecution, and the strategies required to dismantle the case against you. Our function is to provide a formidable and intelligent defence, meticulously examining the evidence and challenging the allegation of deliberate dishonesty. We are specialists equipped to protect your liberty when the stakes are at their highest.

Understanding the Offence: What is Perjury?

Perjury is a criminal offence defined by Section 1 of the Perjury Act 1911. It is committed when a person, who is lawfully sworn as a witness or interpreter in a judicial proceeding, wilfully makes a statement that is material in that proceeding, which they know to be false or do not believe to be true.

The purpose of the law is to ensure that evidence given in court is truthful, allowing judges and juries to make fair and just decisions. An act of perjury undermines this entire process, which is why it is prosecuted vigorously and punished severely. The offence can only be tried in the Crown Court.

The Key Elements of the Offence

To secure a conviction for perjury, the prosecution must prove several distinct elements beyond a reasonable doubt. The absence of any one of these elements means the case must fail.

1. Lawfully Sworn: You must have been a lawfully sworn witness or interpreter. This means you took a religious oath or made a non-religious affirmation to tell the truth.
2. In a Judicial Proceeding: The statement must have been made in a "judicial proceeding," which includes courts, tribunals, and other legal hearings where evidence is given on oath.
3. The Statement was False: The prosecution must prove that the statement you made was, as a matter of fact, false.
4. Wilful and Knowing: This is the most critical element. The prosecution must prove that you knew the statement was false or, at the very least, you did not believe it to be true. A simple mistake or a faulty memory is not enough. The lie must be deliberate.
5. Material to the Proceeding: The false statement must have been "material" to the case, meaning it was relevant and capable of influencing the outcome of the proceeding.

The burden of proof on the prosecution is high, particularly in proving the mental element of knowledge and intent.

How Perjury Cases are Investigated and Prosecuted

Investigations into perjury are often complex and are usually initiated after the original court case has concluded.

The typical process is:

• Referral for Investigation: The judge in the original case may refer the matter to the police or the Crown Prosecution Service (CPS) if they believe a witness has deliberately lied. Alternatively, one of the parties in the case may make a formal complaint to the police.
• Evidence Gathering: Police will conduct a detailed investigation. This involves obtaining the official court transcript of your evidence, re-interviewing other witnesses, and gathering any new evidence that proves your sworn statement was false.
• Formal Interview: You will be invited for a voluntary interview or arrested and interviewed under caution. This is a critical stage where you will be questioned about the alleged false statement.
• Charging Decision: The police will pass a file to the CPS, who must give their consent before a charge of perjury can be brought. This is a high-level decision reflecting the seriousness of the allegation.

Why Central Chambers Law Provides the Definitive Defence

Defending a perjury allegation requires a legal team with the expertise to forensically deconstruct the prosecution's case. It is a technical area of law where a deep understanding of the rules of evidence and the high burden of proof is essential.

Clients trust Central Chambers Law because we are experts in serious criminal defence. Our reputation is built on our meticulous preparation and our ability to challenge the core elements of the prosecution's case. Our strategic approach involves:

• Challenging the Element of Intent: The cornerstone of the defence is often to challenge the assertion that you knew the statement was false. We work to demonstrate that your statement was a result of an honest mistake, a genuinely held but incorrect belief, confusion under pressure, or a simple lapse in memory.
• Questioning Materiality: We scrutinise whether the alleged false statement was truly "material" to the original proceedings. If it was an irrelevant or minor point that had no bearing on the outcome, the offence of perjury cannot be made out.
• Analysing the Evidence: We meticulously examine the evidence the prosecution relies on to prove your statement was false. Is their evidence reliable? Can it be interpreted in another way? We leave no stone unturned in seeking to undermine the prosecution's version of events.
• Expert Advocacy: Our highly experienced court advocates are skilled at cross-examining witnesses and presenting complex legal arguments to a jury. We will ensure your defence is put forward with clarity, authority, and persuasive force.

Our focused expertise means we are perfectly equipped to provide the robust and intelligent defence necessary when you are facing a prison sentence.

Consequences of a Conviction

The courts view perjury with extreme gravity, and the penalties reflect this.

• Custodial Sentence: A conviction for perjury will almost certainly result in a term of imprisonment. The maximum sentence is 7 years' imprisonment.
• Significant Professional Consequences: A conviction for an offence of dishonesty like perjury can end a person's career, particularly if they are in a regulated profession.
• Criminal Record: You will have a serious criminal conviction on your record, with long-lasting implications for travel, employment, and your reputation.

Protect Your Liberty with an Expert Defence

An investigation for perjury is a formidable and frightening process. The legal arguments are technical, the evidence is complex, and your liberty is directly at risk. It is absolutely vital that you secure expert legal advice at the earliest possible stage.

Do not face this serious allegation alone. Contact our expert criminal defence solicitors immediately for a confidential consultation and take the first critical step in building your strategic defence.

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