A solicitor found guilty of perverting the course of justice could face a tougher punishment under new guidelines published by the Sentencing Council today.

From October, courts will have - for the first time - guidelines to assist sentencing for perverting the course of justice and witness intimidation offences.

Conduct that can constitute perverting the course of justice includes giving false information to police officers at a traffic stop, tampering with evidence and giving false information during a police interview.

A summary of consultation responses, also published today, revealed that some respondents thought the culpability factor should be higher for those holding a position within the justice system.

The council was told the offence was even more serious because the office holder chose to pervert the course of justice despite having a legal or moral obligation to facilitate justice. However, one respondent said a police officer deliberately changing a witness statement should be considered highly culpable whereas a judge giving false details in a speeding offence should be lower culpability because the act is not linked to their job.

The council agreed with the suggestions. As a result, ‘breach of trust or abuse of position of office’ has been added to the high culpability list. ‘The factor doesn’t focus on a particular type of job holder, such as a solicitor, but covers a wide range of job holders – if the offence is connected to the offender’s position or office then the high culpability factor can apply,’ the council said.

Sentencing Council member Mrs Justice May said: ‘Perverting the course of justice and witness intimidation are serious offences that undermine the administration of justice by falsely accusing people or witholding crucial evidence thus potentially damaging police investigations and wasting courts' time.

'Innocent people can suffer irreparable damage to their lives through loss of jobs, freedom or reputation while victims and witnesses can feel so frightened that they withdraw from proceedings, resulting in offenders avoiding trial and escaping punishment.'

The new guidelines will come into force in October.

 

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