Perjury (Section 1 Perjury Act 1911)

Perjury is an offence under s.1 Perjury Act 1911. Any person lawfully sworn as a witness or as an interpreter in a judicial proceeding who wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, is guilty of perjury (s.1(1)). A "judicial proceeding" includes a proceeding before any court, tribunal, or person having by law power to hear, receive, and examine evidence on oath (s.1(2)), and whether a statement was material is a question of law for the court of trial (s.1(6)). Maximum sentence: on conviction on indictment, s.1(1) as it reads provides for penal servitude for a term not exceeding seven years, or imprisonment for a term not exceeding two years, or a fine, or both; the CPS states the maximum as seven years' imprisonment, triable only on indictment (CPS legal guidance, Public Justice Offences).

In practice

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).