Perverting the Course of Justice (Common Law)

Common law

Indictable only
Life imprisonment

Definition

The offence of perverting the course of justice is committed when an accused: does an act or series of acts; which has or have a tendency to pervert; and which is or are intended to pervert; the course of public justice. The course of justice must be in existence at the time of the act(s). (CPS legal guidance, Public Justice Offences)

Points to prove

An accused
does an act or series of acts
which has or have a tendency to pervert
and which is or are intended to pervert
the course of public justice
the course of justice being in existence at the time of the act or acts

Perverting the Course of Justice is a common law offence. It is committed when an accused does an act or series of acts which has or have a tendency to pervert, and which is or are intended to pervert, the course of public justice; the course of justice must be in existence at the time of the acts, and it covers civil as well as criminal justice (CPS legal guidance, Public Justice Offences). It does not matter whether the acts result in a perversion of the course of justice: the offence is committed when acts tending and intended to pervert a course of justice are done, and the words "attempting to" should not appear in the charge. Maximum sentence: life 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).

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Indictable only
Maximum sentence: Life imprisonment
Act and section: Common law
Power of arrest: A constable may arrest without a warrant anyone who is about to commit an offence, anyone who is in the act of committing an offence, anyone whom he has reasonable grounds for suspecting to be about to commit an offence, and anyone whom he has reasonable grounds for suspecting to be committing an offence (s.24(1)); if a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it (s.24(2)); if an offence has been committed, a constable may arrest without a warrant anyone who is guilty of the offence or anyone whom he has reasonable grounds for suspecting to be guilty of it (s.24(3)). The power of summary arrest is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in s.24(5) it is necessary to arrest the person in question (s.24(4)) (Police and Criminal Evidence Act 1984, s.24).
Search on arrest: A constable may search an arrested person, where the person has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others (s.32(1)), and may search the arrested person for anything which he might use to assist him to escape from lawful custody or which might be evidence relating to an offence (s.32(2)(a)); if the offence for which he has been arrested is an indictable offence, the constable may enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence (s.32(2)(b)) (Police and Criminal Evidence Act 1984, s.32). A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offence or to some other indictable offence which is connected with or similar to that offence (s.18(1)); the power may not be exercised unless an officer of the rank of inspector or above has authorised it in writing, subject to s.18(5) (s.18(4)) (Police and Criminal Evidence Act 1984, s.18).
Detention clock: A person shall not be kept in police detention for more than 24 hours without being charged (Police and Criminal Evidence Act 1984, s.41(1)), the period running from the relevant time defined in s.41(2). As the offence is triable only on indictment it is an indictable offence (Interpretation Act 1978, Schedule 1), so a police officer of the rank of superintendent or above who is responsible for the police station may authorise detention for a period expiring at or before 36 hours after the relevant time where detention without charge is necessary to secure or preserve evidence relating to the offence or to obtain such evidence by questioning, and the investigation is being conducted diligently and expeditiously (Police and Criminal Evidence Act 1984, s.42(1)); a magistrates' court may issue a warrant of further detention for a period not longer than 36 hours (s.43(1) and (12)) and may extend it, each extension being not longer than 36 hours and not ending later than 96 hours after the relevant time (Police and Criminal Evidence Act 1984, ss.43 and 44(3)).
Source: www.cps.gov.uk/legal-guidance/public-justice-offences-incorporating-charging-standard