The free library173 of 195 Justice & policing

Perverting the course of justice

Common law

Doing an act, or a series of acts, that has a tendency to pervert the course of public justice and is intended to do so.

Perverting the course of justice · Common lawCard 173 / 195

Points to prove

Did an act or a series of acts
Which had a tendency to pervert the course of public justice
Intending to pervert the course of public justice

Key definitions

Course of public justice – covers criminal and civil justice. It must be in existence at the time of the act. It starts when an event has happened from which an investigation can reasonably be expected, when an investigation that could lead to proceedings has begun, or when proceedings have started or are about to.
Tendency – the act only has to be capable of perverting the course of justice. It does not have to succeed. The offence is complete when the act is done.
Intention – for a false allegation, it is enough that the defendant intended the police to take it seriously. There is no need to prove they intended anyone to be arrested (R v Cotter 2002).

Good to know

Common examples: making a false allegation against someone; lying to the police about who was driving; lending a driving licence to another person to produce to the police; interfering with witnesses, jurors or evidence; giving a false alibi; and helping someone evade arrest for a significant time.
It is sometimes called “attempting to pervert the course of justice”, but it is charged at common law, not under the Criminal Attempts Act 1981, and the charge should not include the words “attempting to”.
For less serious false reports that waste police time, consider s.5(2) Criminal Law Act 1967 (summary only). Witness intimidation is a separate offence under s.51 Criminal Justice and Public Order Act 1994, and lying on oath in proceedings is perjury under s.1 Perjury Act 1911.

Legislation: Common law (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: Life imprisonment
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Perverting the course of justice: questions people ask

What are the points to prove for perverting the course of justice?

1. Did an act or a series of acts 2. Which had a tendency to pervert the course of public justice 3. Intending to pervert the course of public justice

What is the maximum sentence for perverting the course of justice?

Life imprisonment.

Is perverting the course of justice a summary, either-way or indictable offence?

Perverting the course of justice is indictable only: it can only be tried in the Crown Court.

Is perverting the course of justice a statutory offence?

No. Perverting the course of justice is an offence at common law, defined by the courts rather than an Act of Parliament.

More offences against justice and the police

All offences against justice and the police